I was served today.

[JustOverBroke]

Hi Everyone maybe you can help me I need some answers to a problem,where to start????

Okay my DW had an illness about a year and a half ago and we were served a summons today to appear on June 26,2009.

I went online to check the summons and the small claims suit only names me and not my DW,she was the patient not myself so wouldn't she be the responsible party?

I lost my job on April 20,2009 and am just now starting to receive my unemployment checks.

We have retained an attorney last month and he said we needed to wait until about July 1,2009 to file because of some money I received back on December 22,2008 from my mothers estate it put the DW and myself a bit over the median for our state(Wisconsin).

Can I be Garnished for a medical bill while on unemployment?

Since my DW is not named on the suit is this suit even valid?

Am I still responsible even though I'm not the person who received treatment?

I am still waiting to hear from our attorney I just called this morning.

Is this going to be anything to get excited about being that we will be filing the first or second week of July?

I hope some or all of you can give me some input advice to calm my nerves,I'm sure time is on my side I just need to be sure,a little positive reinforcement will go a loooooong way.

Thanks everyone

[LuciluS]

I replied to your other post concerning this matter under the Collections Forum. Not sure my answers or correct. Just my thoughts on the situation.

Luci

[jessegirl]

I Believe that when you fill out the forms in the hospital they ask who will be responsible for these charges. Maybe when you filled it out, you put you down as the guantor? I believe that if you did and the patient does not pay the bill then they can come after you for payment. I used to work in hospital billing and that would always come up.

[JustOverBroke]

I replied to your other post concerning this matter under the Collections Forum. Not sure my answers or correct. Just my thoughts on the situation.

Luci

Thanks Luci, I wanted to move the post over here I thought it would get more feed back over here then on the collections forum, I made a boo-boo posting it there.

[LuciluS]

Well, I posted on the other LOL!

But, I think Jessegirl has the same idea as me. Hubby and I are Walking Medical Patients and I know I've probably put his name as the Guarantor because I'm on disability. I know from this day forward, I will never put his name on any document unless it is Mandatory as I have Medicare & a Supplemental Policy through AR Blue Cross/Blue Shield. Hubby has insurance through his company.

Have I ever kept any of those papers you get from doctors, hospitals & etc? NO! Because I never thought I would be going thru Bankruptcy & I would have a whole one drawer of a filing cabinet with all that paperwork.

As it is now, I have two 4 drawer filing cabinets and they are Stuffed. I do have every bank statement, CC Statement, Tax Return, Closing papers on homes bought and sold, etc tho.

Wishing You The Best!

Luci

[JRScott]

Contact your lawyer.

My gut feeling is that you show up at the June 26th summons (because you don't want a default judgment as they could move depending on state to immediate garnishment).

At the summons tell them that you have retained such and such lawyer for bankruptcy and that the bankruptcy will be filed under chapter 7, in bankruptcy district XXXX, and that the intent to file in July 1st, 2009. (Since it is small claims the lawyer most likely cannot and would not come, though you could have his calling card handy for the judge).

However your lawyer may suggest you take no action and not appear depending on local/state laws. He can easily list the case # in the bankruptcy filing, which is why you need to contact him and take the summons to his office. This way even if they move to judgment most likely he'd stop them from ever getting any further .

[music12]

maybe try to find out at the court under what circumstances you can postpone the date (don't tell them about the bk just yet). or call the person/entity suing you and see if they would agree to a short postponement (definitely don't tell them about the bk, because then they definitely won't agree! find some other reason...).

even if you don't get a postponement, many states have some waiting period before collection/garnishments can begin - usually 10 days. by then you will have filed and it will be stayed.

[rockyroad]

I contacted the opposing attorney and asked for an extention due to me being out of town for several days. He asked me how long I needed and granted it immediately.
Just be sure to get it in writing!