Hi there,

I had a question. I have a summons to reply to a debt I'm being sued for. I am supposed to reply in the next 20 days. I don't really know how to reply, what to say, or what to do. It's a dental debt, and they are also trying to sue me for an extra $325. And also my ex's name is on the summons, saying that he is on the account. I called a few months ago and removed his name from the account, being as I never permitted them to add it. The only reason they even KNEW his name was because I was on his health insurance. Will any of this effect him/his credit? PLEASE HELP ME!!

If this was being billed though his insurance and the debt was made back then ( plus was the debt made when you were still together )
But when they sue, it will include court costs, legal fees, fee for service and more. In fact I am surprised it is just 325.

If the court allows him to stay listed on the law suit ( he will need to be notified) but if the judge allows him to stay listed as a party to this, they can even force him to pay and it will effect his credit also.

Yes, the debt was made when we were still together. I was still on his insurance. They did not have permission to add him to my account, and were supposed to remove his name and never did.

What am I supposed to do? I've never been sued before, this is scary.

Why scared, you can't go to jail, the worst thing that will happen is they will order you to pay the debt plus all the added court costs. If you don't pay they may ( if your state allows) garnish your paycheck or they may freeze your bank accounts.

So you may want to make sure if your have a paycheck it is not direct deposited into a bank and you don't keep any money in the bank.

But best bet, get hold of them and work out a payment plan before you go to court, but any agreement has to be in writing

I have MANDATORY direct deposit and it is legal here. Ugh.

That is most likely what they will do,
They will freeze and take every penny in your bank account, and then they will keep taking all the money from each direct deposit till the entire debt is paid.

I would be putting as much cash out of that account "under the mattress" now, stop writing checks, and taking the money out the same day it goes in.
And look at how not to have a direct deposit

I can't not have a direct deposit. It's mandatory.

That's great. So, that means that they're just going to take my whole next check. It's only $500 plus whatever fees.

Not next check most likely, first they can't do anything before court, and then it may be even a month or two after court that they get it filed and have the bank served

Of course they may just garnish your pay, and serve your work place with notice.

So, my best bet would be to contact the company before the 20 days and arrange a payment plan?

You've been here long enough to know this is an often discussed issue. There are loads of threads in this forum as well as others dealing with debt that tell you what you should do.

I'm not in the law section enough to notice that. Sorry.

How should I respond? I've never done this before...

I am posting again, this time a little more detailed. I am doing this to see if I can receive more advice. And also to avoid being merged anyway.

So here goes:

I am being sued for a debt that I inquired over a year ago as the dentist's office. Now, I have a few questions, but I thought it would be helpful to include my 20-day summons in full, so that I may get as much assistance as possible. Then I will bullet list my questions. Thanks in advance!

P.S. I am supposed to reply within twenty days of 10-26-09 in writing.


I
The claim herein has been assigned to plaintiff for collection. A copy of said assignment is attached hereto, marked Exhibit A and incorporated herein by these references.
II
Plaintiff is a Washington limited liability company in good standing, is duly licensed and has satisfied the bonding requirements of the State of Washington.
III
Defendant(s) reside as 1234 Loopy Loop, Somewhere, Heaven 34575 and are subject to the jurisdiction of this Court.
IV
Defendant(s) are husband and wife and constitute a community under the laws of the State of Washington. All acts are performed by either were performed individually and for an on behalf of the marital community.
V
Defendants became indebted to Dental Center from March 7, 2008, for goods and/or services upon which there is a balance due of Five Hundred Thirty-Three and 62/100 Dollars, ($533.91) plus interest of Fifty-Six and 35/100 Dollars ($56.35) as of October 20, 2009, which has been demanded without avail.
WHEREFORE, plaintiff prays for judgment against Defendants, Cherish Blank and John Doe, as follows:
A. For the principal sum of Five Hundred Thirty-Three and 62/100 Dollars, ($533.91) plus interest of Fifty-Six and 35/100 Dollars ($56.35).
B. For plaintiff's attorney statutory fees of $200.00 as the prevailing party pursuant to RCW 4.84.080 in the event that defendant does not contest this matter and a greater amount in the discretion of the court if the matter is contested;
C. For statutory court costs in an amount of not less than $125.00; and
D. For the pre-judgment interest at the rate of 12% per annum from the date of dishonor.
E. For the interest on the judgment herein at the rate of 12% per annum from date of entry of judgment until paid in full.
F. For such other and further relief as the Court deems just and equitable.

My questions:
1. Can they really ask for that much money?
2. Can I be sued for a medical debt in Washington?
3. The whole section IV is incorrect, I have never been married. I was however, on my ex boyfriend's insurance at the time and that is the only reason they even know his name. I called after the first bill appeared I called and had them remove his name from my account as they'd never had permission to put it there in the first place. How can they sue him too? His name isn't even ON the summons, but is on the "Account Assignment" (misspelled).
4. When it was served, it wasn't to me directly. Is okay?
5. I have to reply really soon and I have no clue how to go about this. I need help. Please.

1. Yes
2. Why would you think you couldn't? Obviously, since a court agreed to entertain the suit, its legal.
3. So that MAY let him out of the suit. The fact that you were covered by his insurance could keep him in the suit. The fact that they incorrectly have you has married will not negate the suit, it just means they have to amend the complaint.
4. You have it now, that's all that really matters.
5. I think you need to reply separately. Have the boyfriend reply that he should not be a party to this suit because he is not now and never was married to you.

You need to reply stating why you did not pay this bill or why you think the bill is invalid.

Thank you, Scott. I did ask in a couple of legal forums and people were real rude.

He's no longer my boyfriend, we no longer talk, and I have no clue how to get ahold of him anymore... there lies the predicament.

I have to write the letter tonight to get it in the mail in time, cause I kind of let the clock run to the very end.

Thank you Scott, and everyone for all the help and advice. Wish me luck and low garnishments :P

Hi,

So, I have a court date. What happens if I don't show up? I'm nervous.

Court date for a small claims trial?

If you don't show up, chances are that a money judgment, probably what the plaintiff asked for in its complaint, will be entered against you. If that happens, a writ of execution will be entered and plaintiff can seize your non-exempt assets until the judgment is satisfied.

I don't understand what all that means...

It means that if you don't show up the other party wins and gets everything they ask for. They can then use the judgment awarded them to garnish your salary or attach your bank accounts.

Well, I'm sure they will get what they want anyway. But I suppose I should show up so that I can work out a payment method. Will it make any difference that I've just acquired a large medical bill and am applying for financial assistance? Can they still garnish me if I show up and agree to make payments?

Once they get a judgement, they can do whatever the law allows to recover the awarded amount. By showing up you may get the judge to order that you work out a plan. Then, as long as you adhere to the terms of the plan, they will not be able to garnish your salary or attach other assets.

I don't have other assets. Is there any advice you can give me? I've never been to court before.

The best you can do is explain your situation (you can't afford to pay this all at once) OR offer a legal defense (if you have one). You are pretty much at the mercy of the creditor and Court. They are going to (probably) make an argument that you've had loads of time to settle with them, work out an agreement. Why now when you are faced with a Judgment?

The Court does not have to order the creditor to cooperate with you and/or work out a plan.

I would expect a Judgment to be entered but NOT enforced as long as you keep up the terms of any agreement you make with the creditor.

I honestly forgot about the debt until I was served with the lawsuit paperwork.

So, I went to court on the wrong day. They entered a judgment for $925. I can't reach the lawyer at his listed number. Am I totally screwed?

So, I went to court on the wrong day. They entered a judgment for $925. I can't reach the lawyer at his listed number. Am I totally screwed??

Depends on how much you are making and whether you own anything. They will be able to execute on (sieze) your property, but only to the extent it is not exempt from execution. The exemtions for Washington State are here (http://apps.leg.wa.gov/RCW/default.aspx?cite=6.15).

Similary, wage garnishment is limited by state and federal law. They can only garnish what wages are above a certain amount. The amount in Washington is here (http://apps.leg.wa.gov/RCW/default.aspx?cite=6.27.150). As I figure it, that would mean that they could take whatever you make in a month above $215.50 or 25% of your weekly pay, whichever is smaller.

Thank you. I don't own anything... So, they can take 50% of my paycheck? That's plain ridiculous and unreasonable. I already live paycheck-to-paycheck.

...So, they can take 50% of my paycheck? ...

No. 25%.

You said 25% weekly. I get paid bi-weekly.

Can they garnish a second job as well?

25% is 25%, whether it's bi-weekly or monthly or weekly or whatever. For example, 25% of $100 is $25. If you are paid every two weeks the salary is $200 and 25% is $50. The same percentage always works out the same.

Judy, thanks. I suckkkk at math.

Yeah, I know - that's why I majored in English. I'd still be in the 6th grade, otherwise.

25% isn't as bad as I was thinking. Still not going to be good.

Can they garnish a second job as well?

Good question. RCW 6.27 (http://apps.leg.wa.gov/RCW/default.aspx?cite=6.27) doesn't seem to address the issue specifically. It may be covered by the Federal law on the subject. If push comes to shove and they try that, you might have to apply to the court for a ruling and if you do I'm fairly confident that a judge would rule in your favor.

Good question. RCW 6.27 (http://apps.leg.wa.gov/RCW/default.aspx?cite=6.27) doesn't seem to address the issue specifically. It may be covered by the Federal law on the subject. If push comes to shove and they try that, you might have to apply to the court for a ruling and if you do I'm fairly confident that a judge would rule in your favor.

Thank you!