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Why Chat, Linda, what to do about summons?


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Posted by Rick (198.81.26.170) on January 28, 2003 at 17:28:32:

I had a CA collecting several med. bills for a hospital. I sent a validation request for each of the accounts. Most were properly validated. All together we are talking about approx.$720.00. One bill about half the total they sent a gaurantors statement that had my signature but no date, interest agreement or anything refering to what the charges were for. I answered by sending a money order for all the bills that were validated and a request to validate the other properly and to adjust it to the legislated interest rate since they had produced no agreement to pay more. I received a letter from an attorney along with the uncashed money order saying it wasn'nt tender to pay the account in full, the same sloppy validation but with the interest rate adjusted, demanding payment within 10 days or they would file suit. Since they had fixed the interest and I believe the bill is probably mine i went ahead and sent a chck for the entire amount that he requested and sent CRRR so it would arrive within the 10 days. Today I was served a summons from this same attorney for the same bills with the higher amount listed as well as an additional $250.00 in attorney fees. The complaint is dated and signed three days after the date of the letter he sent with his "validation" and demand for payment within 10 days. Is this legal? Can a judgement still be entered against me even though I sent payment before I reieved a summons and prior to the deadline he stated. Am I still liable for attorney fees in this ituation? Do I have any recourse? Thanks in advance for your help.


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