are the rules different for the plaintiff and respondant? this is a Small Claims court lawsuit, stemming from emergency room bills not paid due to lack of ability to pay
WOULD PROVING I OWE THE MONEY INCLUDE A COPY OF THE SIGNED CONTRACT FROM THE ER,.. AND TO SUBMKIT INTO EVIDENCE THEY WOULD NEED THE ACTUAL PERSON THEIR IN COURT THAT CREATED THE BILL CORRECT?
WHAT ABOUT BILLS I HAVE FROM THE HOSPITAL AND VARIOUS COLLECTION AGENCIES, COULD I SUBMIT THEM AS EVIDENCE WITHOUT HAVING THE PERSON THAT CREATED THE BILLS IN COURT?
GOOD, CAUSE IVE BEEN TELLING THEM FOR YEARS I GOT THEM ON FRAUD,......... CAUSE THEY KEEP CHANGING THE AMOUNT FOR EMERGENCY ROOM SERVICE PRIDED, THE BILL FOR THE SAME SERVICE IS ANYWHERE FROM 256 DOLLARS TO OVER 3000,....... THE LAWSUIT IS FOR 2350 OR SO,......... BUT IT DOESNT GIVE THE DATE OF ERVICE IN THE LSAWSUIT,.. BUT I JUST FOIUND IN MY RECORDS DOZENS OF BILLS WITH A WIDE RANGE OF BILLING PRICE FOR THE SAME SERVICE ON THE SAME DAY
ONE OF THE PROBLEMS IS ITS A LAW FIRM REPRESENTING A COLLECTION AGENCY,.... IM NOT SURE IF THE COLLECTION AGENCY REPRESENTS THE HOSPITAL OR THEMSELVES,.. AS IN, DID THEY BUY THE DEBT, OR ARE THEY CONTRACTORS FOR THE HOSPITAL,........ IF A COLLECTION AGENCY CAN JUST SAY THEY SENT SOMEONE A BILL FOR SO MUCH MONEY AND IT WASNT PAID, AND OFFER NO OTHER PROOF THAT THE MONEY IS EVEN OWED,... I DONT SEE HOW THEY CAN GET AWAY WITH THAT
Let me try to assist you here.Thanks for your patience and the chance to help.You can challenge here a couple of ways.First you can file discovery here seeking copies of all bills, accounts , statements, ledgers, etc pertaining to your account.Here is a sample motion for production--you willhave to modify it for small claims.http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Demand%20for%20Production%20of%20Documents.pdfYou may also want to issue a subloena duces tecom here to the hospital custodian of the records for them to come to hearing along with the records pertaining to the claim.That way you can use them to question about the records and introduce them if you are able to show inconsistences in them.http://www.sanmateocourt.org/court_divisions/small_claims/how_to_subpoena_withness.phpBy getting the information in the account you can certainly raise issues in your response and testimony to the court.This is really the way to access all their records to then build your defense to the suit.It has been my pleasure to assist you today.Please let me know if you have more follow up.I would try to obtain this as discover priro to the hearing and then subpoen the custodian of records as well.By getting it early you have more time to prepare for the hearing here.
Rules of procedure here about production of documents.
(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect, copy, test, or sample any designated documents (including writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things that constitute or contain matters within the scope of R. 4:10-2 and that are in the possession, custody or control of the party on whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party on whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2.
(b) Procedure; Continuing Obligation; Failure to Respond; Objections; Motions.
(2) Procedure for Response. The party on whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 50 days after service of the summons and complaint on that defendant. On motion, the court may allow a shorter or longer time. The written response shall be made by the party upon whom it is served if an individual, or, if a governmental, commercial, or charitable entity, by an officer or agent thereof. The person making the response shall swear or certify in the form prescribed by paragraph (c) of this rule that it is complete and accurate based on personal knowledge and/or upon information if provided by others, whose identity and source of knowledge shall be disclosed. The written response shall be served on the requesting party and a copy on all other parties. The written response shall either include the requested documents or other material or state, with respect to each item or category, that inspection and related activities will be permitted as requested. If the written response provides documents to the requesting party, those documents shall be provided to or made available to any other party upon request.
Unless the parties otherwise agree, or the court otherwise orders:
(A) a party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request;
(B) if a request does not specify the form or forms for producing electronically stored information, a responding party shall produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and
(C) a party need not produce the same electronically stored information in more than one form.
(3) Continuing Obligation. If a party who has furnished a written response to a request to produce or who has supplied documents in response to a request to produce thereafter obtains additional documents that are responsive to the request, a supplemental written response and production of such documents, as appropriate, shall be served promptly.
(4) Objections; Failure to Respond; Motions. General objections to the request as a whole are not permitted and shall be disregarded by the court and adverse parties. The party upon whom the request is served may, however, object to a request on specific grounds and, if on the ground of privilege or accessibility of electronically stored information, the objection shall be made in accordance with R. 4:10-2(e) and (f) respectively. The requesting party may move for an order of dismissal or suppression or an order to compel pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested. The provisions of R. 4:23-1(c) apply to the award of expenses incurred in relation to motions made pursuant to this rule.
(c) Certification or Affidavit of Completeness. The person responding to the request shall submit with the response a certification stating or affidavit averring as follows:
I hereby certify (or aver) that I have reviewed the document production request and that I have made or caused to be made a good faith search for documents responsive to the request. I further certify (or aver) that as of this date, to the best of my knowledge and information, the production is complete and accurate based on ( ) my personal knowledge and/or ( ) information provided by others. I acknowledge my continuing obligation to make a good faith effort to identify additional documents that are responsive to the request and to promptly serve a supplemental written response and production of such documents, as appropriate, as I become aware of them. The following is a list of the identity and source of knowledge of those who provided information to me:
(d) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. Pre-litigation discovery within the scope of this rule may also be sought by petition pursuant to R. 4:11-1.
When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.
You also can send them interrogatories.http://www.judiciary.state.nj.us/rules/r4-17.htm
Sample ones, feel free to modify to your facts and situation..
Good luck here.
THANK YOU, XXXXX XXXXX your answer, just looked at it,........ I am really nervous about having to go to court thursday morning,......... i was just served in certified mail this past thursday, so less than a full 7 days. i know anticipation is greater than realization,........ i guess there is no reason for anyone to be mad at me,....... when i went to the er i had no money or assets ,..... and for years afterwards this was the case,...... during my moms car accident that occured 4 months before the first 2 er visits, that left her in a hospital for 7 months, before coming home unable to walk still at all,... with no money of my own, it was a real hardship,....... i know this is no excuse, but it is a reason, probably the main reason,....... but in looking at how messed up the bills are,.. constantly changing amounts up and down, no one can make heads nor tales of it,... that is my defense ,..... that they are asking for too much,....... peopole go to the emergency room at the hospital because they dont have insurance or money to pay a doctor,....... but a doctors visit, even with xray is like 60-100 dollars to wrap a wrist in an ace bandage,.... whereas an emergency room as i found out is over 2000 dollars, maybe more if they try to put ad ons on,........ if people knew it was so much up front,.. theyd find away to get the 100 dollars to go to a doctor,...... i know it isnt an excuse,....... but at the same time, no one has a reason to be mad at me,...... nj law says an er must provide the er service regardless of the ability to pay,.... posters say that next to every er bed on the wall,.... it fails to say, but you still hgave to pay thousands of dollars for coming to the er
it shouldnt be a bad experience though should it?,.......... i hope not,...... it is just that ive never been sued for money before and had to go to the county court house,... except for jury duty a few times,........
what do you think is going to occur thuirsday in court , procedural wise?
will the judge advise me of any rights?,.. will the judge automaticaly take the other side?,... will we be asked to work it out in the hall way before a trial and judgement?
if you can give me some indication on what to expect it would be very calming for me
The judge will explain the process.It is informal to a degree it is a lot like traffic court.The other side has to prove up their case, they go first.You can cross examine their witness.I would assume they would have someone from the business office here to testify.You would then have right to cross them--ask questions.Once they have "rested" put on their witnesses and evidence(likely a copy of the billing and correspondence) then you have chance to testify.Also any other evidence you have this is where you would introduce it to the judge and ask to have it admitted.Also if you have any other witnesses you can have them testify too.If you are interested in resolving it here you have right to contact their lawyer and talk about it--they won't bite and see if you can reach agreement.It also gives you a chance to feel them out and see how their witness is, etc.If you cannot resolve it beforehand then the court will hear it as I have set it out above.Good luck to you.
I UNDERSTAND,..... but i they didnt ask me for discovery,..... and i rather go in to court with them thinking i might not even show up,...... to them this is nothing, a vacation day from the office,.. to me, it is everything and nerve racking,...... i rather play possom,....... have them testity that a bill is so much,.. then hit them with a coipy of a bill i have that shows it much less,.. get them on perjury, fraud,... even though it is imformal like you said,....... they sued me, with a bigtime law firm in nj, for 2300 dollars,..... plus intrest, fees, and lawyer costs,...... i feel i must play possum for now,.. no? i know in crimal or even municpal or traffic court, lawyers like to say discovery is reciprocal,.. thats just a way lawyers for both sides can excvhange information ,... they didnt give me any information in what they filed in the law suit,....... so, with less than 7 days, and only 4 full business days to get a defense,.. ill see how it goes, ad if coronored, ask the judge for more time, no?
I KNOW, I CAN ASK FOR A LAWYER, but judges tend to think men should be prepared, and there is NO RIGHT TO AN ATTORNEY IN NJ CIVIL COURT,.... it is not like can get away with crying in court, i understand this,...... and if i ask for a continuance, and dont get an attorney,.. the judge will only be that much more pissed off,...... i cant play my possum defense with an attorney,.. this is a prose technich to be sure,.......
i am aprehensive about having to appear in court,....... but i do have tons of paperwork , where i can pck and choose out of the file, based on their presentation, how to make them look liuke liars looking for money they dont deserve,...
io acuallky have a bill from one of the xrays,.... from one the emergency room visits,.... that shows the date of servive as november 29 of 2008,... my first time to the er was dec 29 2008,...... where i got an xray for the broken wrist,...... AND THAT BILL IS 28 DOLLARS, AND I HAVE A RECEIPT FOR PAYMENT ON AMEX,........... BUT THE COLLECTION AGENCY BILL SAYS AN XRAY IS 68 DOLLARS THROUGH THE EMERGENCY ROOM,..... THAT IS JUST 1 MESSED UP THING OUT OF MANY,....... IF THEY ARE MORE THAN DOUBLING THE COST OF AN XRAY AT THE ER,.. IMAGINE WHAT THEY ARE DOING WITH THE ACTUAL ER BILL,..ASIDE FROM THE DATE BEING WRONG, CAUSE I WASNT IN THE ER WITHOUT IJNSURANCE IN NMY LIFE BEFORE DEC 29 , 2008, AND I AM ALMOST 47 YEARS OLD
YES, THABNK YOU,... LUCKILY, WE GOT OUR HOME COPY MACHINE RRVICED HERE A FEW WEEKS AGO, IT WORKS NOW,....... I NEED TO MAKE 3 COPIES, SO I HAVE THE ORIGINAL IN CORT, A COPY FOR ME FOR NOTATIONS, A COPY FOR THE PLAINTIFFS, AND A COPY FOR THE JUDGE,.......
MY ONE APREHENSION AND NON-UNSTANDING IS,..... THEY CAN PRESENT EVIDENCE AS TO BILLS WITH A COLLECTION AGENCY PERSON PRTESENT,.. BUT EVEN IN THE INFORMAL SMALLCLAIMS COURT, WOULD I BE ALLOWED TO PRESENT BILLS FROM THE HOSPITAL, WITHOUT HOSPITAL BILLING AGENT PRESENT
THATS THE REAL DELEMA THAT I AM LOOKING FOR THE ANSWER TO
CAUSE I SAVED IT ALL, EVEN THOUGH I COULDNT PAY, I HAVE MOST ALL OF THE BILLS, 100 PAPERS,.......
FROM 2008, 2009,... I AM BANKING ON THE REASONABLE THOUGHT THEY ASSUME I THREW EVERYTHING OUT,.
WELL, THERE IS NO TIME, THAT PROCESS TAKES DAYS, WEEKS,..... i have never been sued for money before,..... i got the certified mail summons on thursday, ... reviewed it on friday and looked up things on the internet,.. sat and sunday was the weekend, monday is the memorial day holiday,..... today, tuesday, i obtained a bunch of information from you, and collectged my thoughts,....... so tomorrow o make the copies and put together my package ,....... and 845am thursday im on the 3rd floor of the county court house wityh another 20 or so deliqnuents,....
it is not a lot of time for a regular citizen to be prepared against a big time law firm that does this for vacation days
im willing to pay something,.......in full, ,...... as long as the terms are definded , and agreeable to me,...
they back me in a corner,.. i will raise the time line issue, no?,.. to get the hospital there, instead of the collection agency,....
RIGHT, BUT THAT COULD BACKFIRE, IF the judge isnt going to accept my case anyway,.. cause as attorney fees are attached to the lawsuit, id have to pay another 300 dollars for another court day, for the law firm representing the collection agency
i realize im basicaly screwed now,.. in all evilness for greed by lawyers and collection agency, anmd hospital,.......
but it will be a learning experiance,.. and i hope, because it is informal, ill be able to throw some darts at the system
NAH,DONT NEED BANKRUPCY,, A CATHOLIC PRIEST WENT THE WRONG WAY ON A HIGHWAY, IN THE OPPSITE DIRECTION,. HEAD ON AND RIGHT ON TOP OF ONCOMING TRAFFIC,......... BUT THaT MONEY WASNT REALIZED TIL LATE 2011,...... THEPRIEST WAS IN A DIOCES REGISTERED CAR WITH DIOCESE SELF INSURANCE
WELL. im looking to show medical billimg is messed up,.. what a perfect opportuniy to do so, with little downside,.. and in the process i can learn something as well, while throwing darts on the record
the court had over 100 people in it, and anther 100 didnt show, and every row was packed.
after roll call they have you go down a floor to mediation,........ but the p;laintiff comes and talks to you to settle.
i still dont know if what happened it legit,...... but they wanted 2340,.plus fees, plus their lawyer fees,.... i offered 1500,...... setlled on 1734
thats for 5 emergency room visits-------but i found out that the hospital bills seperatly for the same emergency room visits,.... as i had hospitals bills with me from centrastate hospital,...
but in the hospital bill is emergency room billing amounts
so it is all confusing
ill never go to the emergency room again without insurance
the cost is insane, ....... a doctors office is pennies on the dollar compared to the bills yiou get going to an er
i just hope its over now
this same acb receivables had over 20 defendants called, only 3 showed,..... and oil company or something hsad over 50 defendants called only like 5 showed,... also ambulance services had like 20 defendants called, everyone was a no show,.. plus their the personal disputes betweenneighbors or bf/gf stuff too,...... most peopole dont show.
im too old for lsaw school plus it is highkly competive to get in to rutgers or something like that,.....
if i had filled out the charity forms back when i when to the er within a reasobable amount of time, i wouldnt have had to pay anything, cause i was dead broke with no job, no money, and no assets but a few pairs of raggity clothes,...
i just hope the hospital doesnt come back at me for the same services on the same dates
Statute of limitations in New Jersey is 6 years from time of delinquency.
i know if i was steasfsay, make them prove it in court,......... even though the court says they will hold a trial that day, today, they wouldnt have,... they make you come back for mediation again , and a 3rd time even,....
i know they didnt have copies of contracts with them, only the bills they ssent.
but it is a p;ain the butt to go to court
but in the back of my mind, how do i know someone didnt hack into the billing stsyem, or get someing in hospital billing to sell the info,.,.... and then send me bills and sue me,..
so in the back of my mind, i have no way of knowing who sued me is a legitimate company running a legitimate business.
i guess the bottim limne is if i fall and break my wrist on the sidewwalk, ill go to a walk in doctoirs office with a xrayh machine, it costs like 20 dollars,....... if what the company told me today is true,..... and the hospital bills seperatly for an emergency room service, then the actual emergency room bills, its well over 1000 per visit
and i saved myself 75 dollars to have my own attorney there,... i called 3 diiferent attorneys, they all quoted 750 to hold my hand in court today,.. and the same outcome would have occured,...... attorneys rarely fight attorneys in court over thgis stuff,... 99.99% of all cases are settled or go to DEFAULT judgement. I didnt want a default here on court, thats why I went. I just wish I had more insider information about medical billing through an emergency room visit,...... cause it is something they can make up whatever they want at will,....... and people with an emergency illness or emergency injury, are not thinking about legal ramifications to treatment at an er. of course, most people, a great deal of people, grow up under their parents insurance, then go to college and get a job with insurance coverage,.... which i did do,.. but after over 20 years of workling, i lost my job from the last company, and didnt have health insurance
yes, 1734 dollars for 5 er visits over the time period december of 2008- novemver of 2010, isnt that bad,....... but the point is i am still lible for charges from the hospital group, on the same er visit for the same care and services,.. that was not settled today,.. i havnt heard from them for years on it,..
here is what i truly believe the truth is---- centrastate healthcare system--- the hospital bills you for going to the er- included in that is the er service,.. but if you fail to pay that bill in a 1-4 months, reasonable time,.. they block off the billing just to the emergency room management group,. so you wind up with 2 sets of bills. this is what happened in this case.
of course if you actually have insurance,.. they get away with double billing probahbly anyway,.....
thats why insurance rates are so high,..... and in a lot of cases are a significant part of a persons salary at a job.
i know you said they give discounts to insurance,.. i have one bill here from centrastate fior like 2200, with 1900 UNINSURED DISCOUNT, so the final tally was 300,.. but that is not covered here,.. be the er service was in thart bill,.. so i asked them at the courthouse,.... how can i be being billed for the same thing by 2 different companies,... and one was giving me a 90% discount,..... they were dumbfounded and desheveled at the table,.... right after that i said all 5 vitits my offer if 1500,..... and they bit on it, settling for 1734,.....
i dont know it is a good resolution,........ but i am not equipped to fight,.... i am equipped to what i did today,.. beyond that,...... i am equipped to be mad, angry, upset,.. and write and write aqnd call and call,... but i still bel,ieve the the original er hospital bills contain what i paid today,.. but as i sit right now i have no way to prove it
well if acb recevibles did not deserve the money,..... i wound up making a settlement with them they did not deserve,....... you see my point?,..... i have no way of knowing the truth,...... but if the hospital even comes back at me with similair bills for the same day and samne service,..... i'll fight it to the end,...... cause now i paid for emergency room services,..... and i know that i will fight it out next time on the same stuff,...... get thgis, I TRIED TO EMAIL ACB RECEIBABLES TODAY AFTER COURT,.. WITH A SUMMARY LOF WHAT OCCURED TODAY, AND IT WOULD NOT GO THROUGH,.....THATS BAD,... GETS MY MIND GOING,...
YES, THEY PROBABLY WILL,...... I AM GLAD THE DOCTORS AND NURSES PART IS SETTLED NOW THOUGH. I HAD ANOTHER UNREALATED QUESTION I SUBMITTED TODAY, BUT NO ONE IS ANSWERING IT.
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