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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default How Should I Respond to a Complaint for Collection of Account

    My question involves collection proceedings in the State of: GA

    A family member was served a Complaint for Collection of Account here in Georgia, in Magistrate Court, for several hospital bills that total around $500. Plus the debt collector wants to charge for court costs and “reasonable attorney fees”. We can’t pay it right now. The attorney for the debt collector filed right away in Court, (no prior demand letter or anything from them) and the complaint reads like a regular debt collector’s letter, only it’s filed in court.

    This is the summons we got:

    XXX Debt Collector Inc.
    Assignee for XXX Hospital
    Plaintiff

    Vs

    Defendant

    Complaint for Collection of Account

    COMES NOW Plaintiff in the above-styled action, [name of Debt Collector] by and through its attorney of record and states as follows:

    1
    The law provides that you be advised, this communication is from a debt collector. This is an attempt to collect a debt and any information obtained, etc, etc,...
    (the usual wording in a debt collection letter)...
    … If you request in writing within thirty days after receiving this notice, Plaintiff or Plaintiff’s attorney will provide you with the name and address of the original creditor, if different from the current creditor.

    2
    Defendant is a resident of xxxxxxxxxxx Georgia and is subject to the jurisdiction and venue of this Court.

    3
    The following accounts have been assigned by XXXX Hospital at Xxxxxxxxx to Plaintiff for collection from Defendant who is responsible for the services provided and owes said moneys.

    Date of Service Amount Due
    xx-xx-07
    xx-xx-07
    xx-xx-07
    xx-xx-08

    The amounts on the right total around $500.00. ranging from around 10 dollars to around 350 dollars.

    I think that most of the bills are for co-payments, but I'm not sure. There was a change of insurance companies and the new insurance co. paid less of a percentage.

    What is the best thing to do here? Contact the debt collecter and try to work out a payment plan?

    Or should I go to Court and answer with a Notice of Intent to Defend and ask for validation of the debts, and also proof of assignment?

    Most of the billings probably have documentation from the hospital. Does it hurt us to go to Court and have the Plaintiff validate the debt?

    Thanks in advance for any help.

  2. #2
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: How Should I Respond to This Complaint for Collection of Account

    Unfortunately, the time to work out a payment plan for co-pays/co-insurances was the time of service, or when you received your explanation of benefits from your insurance company. The EOB would have indicated the amount you owed the hospital. Did you call the hospital at the time it became evident you would have trouble paying the bills, or did you just ignore their requests for payment?

    It can't hurt to call the hospital and/or debt collector, request an itemized statement, and see if they would be agreeable to a payment plan. However, they are not obligated to accept your terms.

    Good luck.

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