I just received a summons for a medical bill debt of $418... They debt company has added interest of $45.00 and $200 Legal fee's plus court costs which now has doubled the debt to $806.

I have two questions:
1 . I just tried to setlle the debt by paying the original $418 + court filing costs but they refused and now want all $806 or no payment will be accepted.

2. As the original amount is below $500 they filed this in WA state District court? Why would this be small claims as it is under $500?
I thought small claims was a non attorney option for smaller amounts like this?

Please help and let me know what I should do next?

I' want to avoid a judgement but think paying all the fee's and doubling the debt is unreasonable too!

Thanks in advance for your replies.

Sorry, to clarify my question #2 was: why is this not considered a smalls claim court case as the amount is only $418... It appears this was filed in a WA Seattle courthouse district court and not small claims court even though the amount is under $500??

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Originally Posted by dtrise

...1 . I just tried to setlle the debt by paying the original $418 + court filing costs but they refused and now want all $806 or no payment will be accepted....
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I would question the $200 "legal fees" too. Most states adhere to the "American Rule" regarding the prevailing party's attorney fees: they cannot recover them in the court judgment unless it is provided for by contract or a specific statute.

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Originally Posted by dtrise

...2. As the original amount is below $500 they filed this in WA state District court? why would this be small claims as it is under $500?
I thought small claims was a non attorney option for smaller amounts like this? ...

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You are asking why wouldn't this be small claims?

I suspect Washington District Court is a court of limited amount, jurisdiction-wise. It would normally also handle small claims cases. In many states, the plaintiff can use an attorney when they sue you in small claims, but it's a simpler procedure.

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Originally Posted by dtrise

Sorry, to clarify my question #2 was: why is this not considered a smalls claim court case as the amount is only $418...It appears this was filed in a WA Seattle courthouse district court and not small claims court even though the amount is under $500???

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The can, but they don't have to go the small-claims route.

They can file wherever they like. Small claims court isn't a court that is about limits. It is about access. Allowing private parties to sue without legal council. That is why Small Claims Courts have value limits and other rules that regulate what you can sure for.

As far as responsibility for costs. Yes you are responsible. If you appear then they may try to settle before it goes before the judge. Otherwise they may try to get full price. Mostly its going to depend on the instructions they were given by the debt holder.

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Originally Posted by califdadof3

They can file wherever they like. Small claims court isnt a court that is about limits. It is about access. Allowing private parties to sue without legal council. That is why Small Claims Courts have value limits and other rules that regulate what you can sure for.
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"... without legal counsel.. . "

Usually, any natural person can sue in standard (non-small claims) court pro se (without an attorney). But the rules are more complex, and you are expected to use the rules.

Some states don't allow attorneys in small claims court. I don't know if Washington is one of those.

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Originally Posted by AK lawyer

"... without legal counsel. ..."

Usually, any natural person can sue in standard (non-small claims) court pro se (without an attorney). But the rules are more complex, and you are expected to use the rules.

Some states don't allow attorneys in small claims court. I don't know if Washington is one of those.

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I was trying not to use the cliché "People's Court". Lol

So, Is my only option to pay the full $806 including all fee's? I really do not want a court judgement on my record for 10 years? Do I have no choice but to pay? Or have a judgement and then pay? Will it be on my record if I agree to pay the original $418?

They have refused to settle as of today...

Thanks for your replies...

Here is what we can tell you. The likelihood of a discussion taking place before it goes in front of a judge is very high. They may discuss settlement of some kind then. If you agree then it will get dismissed or put off to a later date so it can be dismissed then. The reason being is that it has gone this far and they are not going to just drop it.

So be prepared either way to answer questions and have a price in mind that you can deal with.

So how should I answer the summons? Should I state that I have agreed to pay the original debt and they have refused to accpet it?

How should I repsond before my 20 day's are up?

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Originally Posted by dtrise

so how should I answer the summons? should I state that I have agreed to pay the original debt and they have refused to accpet it?

How should I repsond before my 20 day's are up?

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Admit the $418, if you are sure that's the original amount due.

State that you have agreed to pay that, but they won't settle.

Deny everything else.

When you received the services, did you sign anything? If you did, that paper might have contained language agreeing to pay their attorney fees. If so, they might be able to prevail on the $200 (which isn't bad for attorney fees).

Respond that you intend to defend this suit on the grounds that you don't believe the amount being sued for. Ask for a court hearing.

Then show up in court and show the judge correspondence detailing your attempt to settle this bill. The worst that can happen is the judge will award them the full amount. But the likelihood is the judge will order the parties to negotiate a settlement so the case can be dismissed.