CREDITWRENCH
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Thursday, August 14, 2008
Summons for medical bill

Summon for Medical Bill


Question:


I live in Washington State and I have received a summons regarding a medical bill from Christmas 2007. I have asked the hospital and the collection agency repeatedly for a breakdown of the bill with no response.

In fact one of the people I spoke with at the collection agency hung up on my after I made my request. I know that I should send a letter of validation and a response to the the summons, however, I have never done this before and am completely confused as to how to start.

For the validation do I need to send that certified? Also, I have looked all over the Internet for the validation letter and have come up with letters that mostly sound like gibberish. And lastly, I have know idea how to file a response with the court, do you know of a link or a location where I can get this information? Thank you in advance for you help.

Answer:


You are absolutely correct in saying that the validation letters to be found all over the internet are little more than gibberish. Legal gobble-de-gook may be more like it however. They make all manner of demands of the recipient, few if any of which are approved in FDCPA. They usually make thinly veiled threats of legal action in the event the debt collector fails to comply. There is no need for that kind of nonsense. Debt collectors are supposed to be trained professionals and if that is not the case then so much the worse for them.

If I send a validation letter it is not sent for the purpose of teaching my adversary how smart I am but rather to learn how smart they are. And that is why my validation letters are not to be found on the internet. Only my students have access to them and the other letters I provide to my students.

You also ask whether or not I know of a link or a location where you can learn how to file a response with the court. Like validation letters, the web is practically overflowing with all manner of response, motions, pleadings and what have you and like validation letters most of them are little more than legal gobble-de-gook but on a far greater scale. Crazy ideas people come up that don't stand a chance of winning in court. An example is a lady here in Oklahoma who got the insane idea of filing a lawsuit naming all 760 judges within the State of Oklahoma for whatever. She was going home one evening and was stopped by the police who claimed that she was speeding. Then they found her prescription medications on the front seat and hauled her into jail for driving under the influence among other things. She is now serving a year in a county jail that is far below Oklahoma minimum standards for jails. Her attorney argued that because of her medical condition she ought to be sentenced to serve her sentence in home confinement. The judge would hear nothing of that and stated on the record that he didn't understand how she could expect to be sentenced to home confinement after having sued all 760 Oklahoma judges. That's what you get for cooking up such looney schemes and the internet abounds with them.

And that is why I teach my students on an individual basis, step by step so they learn how to do it the right way. I work with them by phone, email, and online collaboration so they can actually see my computer screen as I go through some of the more difficult aspects if that is needed. As a result of my years of teaching experience I know what is the most likely to work and what is legal mumbo-jumbo.

Most people lose in local courts no matter how well they are prepared nor how meritorious their arguments and my students are no exception. The reason that is so is that the only question before the court is whether or not the defendant owes the money and the judges are already convinced that they probably do or otherwise the plaintiff wouldn't be complaining. So the number of possible winning arguments are few and far between.

The only viable way to gain the upper hand in the final analysis is to be well enough educated in FDCPA, FCRA and other consumer protection law to be able to know when the law has been violated by the plaintiff and his attorney and sue them in federal court. My students learn how to do that too. In the process we all learn from each other and win in federal court where the only question before the court is, as usual, whether or not the defendant debt collector or lawyer broke the law. Nothing else matters and if the student has his proof that they did the student plaintiff always wins.

But none of them ever see the inside of a federal court room because the litigation is all carried out by mail and by Pacer on the internet. Pacer is the U.S. Court system's registry of cases and all papers are filed through Pacer. The judges are all very sympathetic to Pro Se litigants and offer all the help they can without giving legal advice to the plaintiff which they are not allowed to do.

Once the defendants are convinced that they cannot hope to win they will always want to settle rather than go to trial before a judge and jury of 12. Federal courts expect and demand that the litigants try to settle their differences out of court and it is definitely in the best interests of both parties to do so because statistics plainly show that both parties fare better by reaching an agreement rather than taking it to a full blown trial.

So what I teach is solidly grounded and is not some patriot nut job case of making claims that simply cannot be backed up with fact.

If you would like to learn more I suggest that you visit

Bill Bauer
(405)684-9297
(405)227-9423

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