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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a small claims lawsuit pending against me bills from

Customer Question

I have a small claims lawsuit pending against me for medical bills from 10/13/14, the amount is 2621.64, the clamplaint wants $3034.14 that includes $450.00 for lawyer fees.
The Patient consent agreement they included in the small claims complaint includes a patient consent with an electronic signature from me that has a type written date and a Witness name typed in that includes a time 10:54am, I was not there, nor was my son at that time. I did not sign anything when he arrived or left the hospital, the witness signature is typed in as 10:54am on that day. He went to the ER at about 2:00am, his father was with him and brought him home at around 7:00am. Is this a legal document with that being said?
I did call the collections office on 11/9/15 to see how to go about a settlement. The collection agency representative, Flor told me that I should at least offer 80% of amount, $3192.64 as that I had to include the lawyers fees and court cost of $121.00 in a settle agreement as the lawyers still had to go to court even if we settle.
I called the court house and they told me that if the lawsuit had a settlement the lawyers would only have to notify the court, not go to court and that the costs had not been paid nor would be charged in this event.
I have been trying to do some research and I found "Collections Can and Cannot do" information. It states that a collection agency cannot "Make false or misleading statements"
My question is do I send in a compromise letter if so what do I base the amount on, I was thinking $1900.00 for the $2621.00 amount and to dispute the lawyer charges based on what I was told about the fees as being a "false statement" and include the Collections information on a separate document with the letter.
What should I do?
Thank you
Carmen
Fishers, IN
Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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Customer: replied 1 year ago.
What should I offer the collections agency to settle based on the information above
Expert:  MIAMILAW1127 replied 1 year ago.

What I would do is offer approximately $0.30 on the dollar as a starting point to try to negotiate them down and move up from there if necessary.

I think you should definitely dispute the attorney's fees as the complaint that they filed is a form complaint that they probably drafted in 10 minutes. I doubt they have much invested in the file at all.

Start low because you can always come up. You won't be able to go down if you start too high.