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 (they are the second one I think to get the account) 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.

I’ve researched this great forum and found a lot of useful tips for answering the complaint, but I would really appreciate any additional help or suggestions so I can narrow down what I'll say.

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.


And here is the draft of my reply:

Defendant's Answer to Plaintiff's Complaint

COMES NOW Defendant, Pro Se to answer the Complaint for Collection of Account. Defendant says:

1. In response to paragraph #1, this appears to be, in part, a restatement of Defendant’s rights under the FDCPA. Defendant lacks sufficient knowledge about the allegations here, and so Defendant disputes the validity of this debt. Defendant can neither admit nor deny anything until documents verifying this debt are received.

2. In response to paragraph #2, the Defendant admits.

3. In response to paragraph #3, Defendant lacks sufficient knowledge about the allegations in paragraph 3 of the Complaint and on that basis denies the allegations therein.

4. The Plaintiff in the complaint has failed to provide any contract or agreement bearing the signature of the Defendant with itemized statements to prove that this debt exists, nor proof of assignment.

AFFIRMATIVE DEFENSES

1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

2. Plaintiff has unclean hands as Plaintiff admits to taking on or purchasing a purported debt allegedly owed by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

The threads in this forum list numerous possible defenses here, so I’m wondering how many I should list, and which ones are most appropriate?

I also notice that the person “swearing” to this Complaint appears to be employed by the debt collector. Since the debt was bought, she would therefore have no original or real knowledge of the debt. Can this fact be worked into the response?

I also have a letter from the previous debt collector which I replied to (by regular mail only). Can I use this to show “failure to state a claim”?

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE Defendant respectfully requests that the Court deny the Complaint of Plaintiff and prays for dismissal of the Complaint.

This the 15th day of August, 2009.

##########################


I'm a bit confused about where to use Motion to Dismiss, Notice of Dispute, Notice to Defend, etc. and I'm not sure if any of these apply here.

What is the best way to close this response? What should I request the Court for, and what should I 'pray' for in the closing sentences?

Thanks in advance for any help. It's late and this is what I've got.

First, if this suit was filed in small claims court, then get rid of the legalese. Its not necessary and could prejudice your case.

Second, All you need to do is responfd with your Intent to Defend the suit.

In response to the summons for case <insert case number> dated <insert date>, please accept this as my intent to defend against this suit. Please schedule a hearing at your earliest convenience.

You then send a copy of this to the plaintiff with a cover letter:

I can neither affirm or deny the debts that are the subkect of this suit. Therefore, please provide documentation. If these debts can be verified I may be willing to discuss a settlement.
.
Now, I'll also state that ability to pay is not a defense. Also since this is a bill for hospital services a signature may not be required, especially if it was for emergency care.

It seems to mre that you are acknowledging that the debt is owed but that you are trying to get out of it by challenging the collector. In your case, I think you are going to lose.l

I echo Scott - you are making a big mistake by "playing Attorney." Either state your case in lawman's terms or be prepared to lose. You are using words and a format which I don't think you can either explain or defend.

I also doubt this is a Superior Court case so I don't understand the necessity for your detailed response.

It boils down to - what is your defense to the action? The creditor IS entitled to fees, interest, disbursements.

ScottGem and JudyKayTee,

Thank you both for the excellent advice. Maybe my moniker should have been trying-too-hard. I will then word it as you suggest Scott, Intent to Defend, and request documentation. I would also want to be sure the debt collector was assigned the debt and request documentation for that.

Defense? I want to be sure that these are correct billings before I pay them.

ScottGem and JudyKayTee,

Thank you both for the excellent advice. Maybe my moniker should have been trying-too-hard. I will then word it as you suggest Scott, Intent to Defend, and request documentation. I would also want to be sure the debt collector was assigned the debt and request documentation for that.

Defense? I want to be sure that these are correct billings before I pay them.


Works for me! Come back and let us know how it works out.

Yes. A plaintiff has to prove two things; a) that the debt was legally incurred by the defendant and b) that they have the legal right to collect it.

But this is not a credit card debt we are referring to. Its not a situation where the debt has passed through many hands and documentation is lost. The hospital will have records of the procedures performed and the payments received. That's probably why they went to court immediately because they know they can win.

This debt collection company is owned by a prominent lawyer family in town. It'll be the elites vs. the little guy. Bring popcorn and tissue paper.