Author Topic: Medical Summons  (Read 251 times)

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usweap45

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Medical Summons
« on: March 16, 2018 09:54:45 PM »
Hello,

I am at a loss here after searching around.

A relative was served for an unpaid medical bill for $174.62(debt has not been sold, is assigned) which she paid in full prior to court.

The Petition if you would call it that is literally this: The defendant is indebted to the plaintiff in the principal amount of $174.62.

Wherefore, the plaintiff demands judgment against the defendant for:

principal amount $174.62
interest before judgment at legal rate per year from 04/26/16
interest after judgment at legal rate per year & the costs of this action

No copy of anything was attached to the Petition. Just one page with the above.

Filed an answer and went to Court. Told the bottom feeder there that handling all the cases just for this medical office, the bill has been paid in full to the office. Was told to send over proof of payment from the medical office to clear it up & that the medical office would also notify them.

Called today to confirm they have received proof of payment for the bill. The bottom feeder now states on the phone, that court costs are owed blah blah blah.

My question is this, from reading their Petition, court costs are owed after a judgment is entered? This is in Kansas, if that helps.

Any thoughts or ideas would help. I do not want my relative to pay something just because this bottom feeder is saying so.

CleaningUp

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Re: Medical Summons
« Reply #1 on: March 16, 2018 10:27:04 PM »
Did the case ever get in front of the judge?

If yes, what did the judge rule?

Without a ruling for the court, the can demand all they want but they can't force anyone to pay the interest of their costs unless they agree with them and/or the court orders you to pay them.  If the judge said nothing, there is nothing saying that interest and costs need to be paid other than the terms of the underlying contract.

Interest on that sort of debt is going to be miniscule.  The costs of filing suit in Kansas are set by the court.  Add the two together and see if the amount is worth paying just to avoid the hassle of having to deal with them.  Not everyone is up for the fights or able to handle themselves effectively in front of the court.

I'd tell them that I refuse to pay and let them figure out what they want to do.  But then again, I am more than willing to engage if I get the sense that I am being stepped on without permission.

My bet is that they would walk away as the fruit isn't hanging very low, and it isn't much larger or tasty than a moldy raison.



11181986

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Re: Medical Summons
« Reply #2 on: March 17, 2018 01:36:34 AM »
I've seen collectors get judgments for only the costs of a petition when the defendant refused to pay court costs.

BrokeBob

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Re: Medical Summons
« Reply #3 on: March 17, 2018 03:21:31 AM »
If the bill was paid after they filed, then in SOME states you still owe the court costs and interest. 

It should be possible to negotiate a settlement for the amount.  Otherwise they would have to pursue a judgment. 

 

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