Q: what kind of lawyer do I need to talk to about answering a judgement summons? It is a medical debt.
My Husband went in for a medical procedure which we did not end up doing as the doctor refused. The office refunded our money. They sent us a bill and we talked to them about it and they said we owed nothing but now we have a summons for the court to enter a judgement. We do not feel that we should have to pay this and are looking for some legal advice. The court needs our answer by april 6th. Thank you for your time.
A:
I would recommend that you contact a general practice attorney. Any attorney can handle this type of work, but some specialists may not because they limit the scope of law they cover. Lastly, you can file a reply pro se (w/o a lawyer) and have an attorney appear after the filing (do not wait for too long to find an attorney though...).
Turning to the substance of your case. The doctor's office has simply filed a claim for repayment related to your outstanding medical bill. If you feel that this was filed in error you can challenge it in court. Without reviewing your case I cannot discuss the likely outcome, but I can provide some general advice. (1) review any contract that you signed with the doctor's office. (2) doctors (like most people) are entitled to quantum meruit (reasonable payment for services rendered). (3) oral agreements (the phone conversation) can be difficult to prove (but can be proven by testimony by you and/or conduct by the doctor's office). (4) if it turns out the claim is without merit you can request reasonable attorney's fees and court costs.
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