Longmont, CO asked in Collections for Colorado

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.

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.