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    toni retman's Avatar
    toni retman Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 24, 2009, 12:21 PM
    Responsibility for attorney fees
    I started paying on one of my medical bills, got it all paid and started on my next one. After paying 100.00$ on the second one they were trying to collect I received a sobpoena. I had already spoken to the debt collector and told them that I would be making another payment on payday, so I did, but to the people I actually owed it to. I had a little more than half of the bill paid off when they took it to the courts. The last 228.6$ was paid to them and I wrote paid in full on my check. Apparently they want court costs or something because last night my husband received a message from them. Anyway, 1. Can they really get the money from my husband? (I can't work right now) and 2. Over half the bill was already paid within a month and a half time span, so shouldn't the bill collectors have checked first or the people I owed the money to? Is my husband responsible for the 76$ something fees? And, will the medical be paid or should I try to pay them directly because the check is to the credit adjusters?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #2

    Nov 24, 2009, 01:47 PM
    Quote Originally Posted by toni retman View Post
    I started paying on one of my medical bills, got it all paid and started on my next one. After paying 100.00$ on the second one they were trying to collect I received a sobpoena. I had already spoken to the debt collector and told them that I would be making another payment on payday, so I did, but to the people I actually owed it to. I had a little more than half of the bill payed off when they took it to the courts. The last 228.6$ was paid to them and I wrote paid in full on my check. Apparently they want court costs or something because last night my husband received a message from them. Anyways, 1. Can they really get the money from my husband? (I can't work right now) and 2. Over half the bill was already paid within a month and a half time span, so shouldn't the bill collectors have checked first or the people I owed the money to? Is my husband responsible for the 76$ something fees? And, will the medical be paid or should I try to pay them directly because the check is to the credit adjusters?
    You got a subpoena; did you show up for court? What happened with the case?

    If they were awarded a default judgment, then yes, they can ask for court costs.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Nov 24, 2009, 01:49 PM

    Do you mean you got a summons? A subpoena requires a person to appear, often with paperwork.

    Agree with "this" - if there is a Judgment it can be satisfied by any means legal in your State. Payments go to the party that sued you.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Nov 24, 2009, 06:37 PM

    Once a lawsuit has been filed and you have been served with a Summons the Plaintiff is entitled to the attorney's fees. The collection agency is not obligated to check with the party that is owed the debt that you paid 1/2 or paid it in full. That is not their job. Their job is to go after the debtor for the money and if the money is not paid to turn it over to an attorney to file suit.

    You or your husband will have to pay the $76 as you didn't tell the collection agency you paid the medical provider or vice versa. They generally don't communicate over every debt owed.

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