Q: Should I file a response to a Civil Lawsuit
Me and my wife were served a summons for a unlimited civil case in California. This is for an outstanding hospital bill from October 2013. The insurance company issued a payment to my wife but only for a partial amount because she was taken to an out of network hospital. We signed over this check to the hospital and was told not to worry about the balance that they would either write it off or go after the insurance company themselves. We continued to receive statements from the hospital up until July of 2016 and since then never received any other correspondence. At this time I am currently receiving SSDI benefits and my wife is unemployed and has no source of income but has a pending SSDI claim. We have no assests, we do not own a home so basically have no source of income to pay off this settlement. We do have a hearing for Case management conference set but my question is do we need to file a response to this summons with the courts or should we just wait and attend the hearing?
A: It sounds like you need to file an answer. You only have thirty days after being served to do so. You may have a defense based on the statute of limitations. You may also have a claim against the collection agency. You may be able to get a free consultation. Go to the National Association for Consumer Advocates website (https://www.consumeradvocates.org/) and use the "Find an Attorney" link.
Tim Akpinar agrees with this answer
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.
