Stalling a summons--should I try?

[Ineedhelp2]

We were served papers today regarding a pending judgement in 14 days regarding money owed for a medical debt. I was anticipating one for $28,000, which I expect will come soon, but this one is for $3,500. (What I don't get is that I thought my insurance had a $12,000 total dedictible, and the unpaid amount exceeds $30,000).

The sheriff was very nice and explained the process to me, and said I could apply for "mediation," which I think would add some extra time.

I must file chapter 7, but I am trying to do the best timing, but want to make sure it happens before my checking account could be garnished.

Anyway, is there anything wrong with trying to stall the process? I probably could call the collection agency and make a payment arrangement (that I don't really intend to honor). Is there anything illegal or unethical about negotiating in bad faith--just as a stalling technique?

And if I were to make a payment arrangement, I'm assuming that would not interfere with being able to discharge it through Chapter 7.

[klandsb]

YES is my advise. All you have to do is submit your response to the summons. There are other threads that I posted on my experience and how to go about it. Its easy and will buy you time. You just take your response to the courthouse, I believe I went to the prothonotary office and filed it...

[OhioFiler]

Buy time. Buy time. Answer the summons. There is nothing unethical or illegal about responding to a lawsuit.

[AngelinaCatHub]

Anyway, is there anything wrong with trying to stall the process? I probably could call the collection agency and make a payment arrangement (that I don't really intend to honor). Is there anything illegal or unethical about negotiating in bad faith--just as a stalling technique?

Stalling is done all the time. Lawyers do this to wear down their adversaries. Also to bleed them financially to settle sooner. Now in the other statement, your answer is embedded in the question. To negotiate in "bad faith" if proven, could cause you a problem. Sign NOTHING. Talk all you want to but PROMISE NOTHING and watch out for recording of your conversations in any office. They have a right to do so and some offices have a sign on the door that says this place is monitored, and that fulfills the obligation for conversations to be recorded even though you do not know it.

The bk Court if an AP is brought against you, could have this bad faith fly in your face and call the debt fraudulent so be careful there. There are ways to stall this as in asking the Judge to allow more time to see if you can make "arraignments" and don't say what they may be (C7).

In Federal Court, you want to be as honest and open as possible. I also would read your medical insurance documents as sometimes the whole bill is passed along even though they got paid. 'Hub

[SunshineGal]

We were served papers today regarding a pending judgement in 14 days regarding money owed for a medical debt. I was anticipating one for $28,000, which I expect will come soon, but this one is for $3,500. (What I don't get is that I thought my insurance had a $12,000 total dedictible, and the unpaid amount exceeds $30,000).

Here is what I would do. Attend the hearing and ask for a continuance as you need time to straighten everything out with the insurance company. Also, request all the billing records from the creditor so you can see the amounts billed, the amounts allowed, etc. For instance, the ER may bill you $6,000, but the contracted rate for an insurance member of XYZ company may only be $2,000. Therefore, you would only owe the $2,000, not the full $6,000 billed.

[frogger]

And when in court, never admit or never deny. You just don't know.

You will be under oath, so don't give any information that could every be used against you.