need help responding to summons

[Rachel.M]

What is the name of your state (only U.S. law)? Idaho

Hi,

I have been served with a summons from a debt collection agency. The debt is for unresolved medical debt and a few household bills that didn't get paid due to illness.

I want to respond to the summons within my 20 days (I'm at day 15 now), and have been trying to find an attorney, but keep getting told that someone will call me.

So that I don't miss my response window, if I respond with a letter stating that I intend to defend the lawsuit and request all discovery and validation of the debts, will that buy me some time to get an attorney?

I don't want to lose any options, but I also need to respond to this. Also - they have not filed anything other than the summons with the court. They claim they served me 15 days ago, I believe it was 14 days ago. The court stated they have not filed the service yet, so they can't tell me the correct date. (I can actually corroborate my date and why I believe it was that date... I had company from out of town and they served them while I was at work...)

Thanks for any help!

Rachel

 

[justalayman]

so, what is your defense to the suit?

 

[Rachel.M]

My insurance company was supposed to pay more than what they actually paid. I have their letters stating that, as well as a saved voicemail from a supervisor with the insurance company stating that it would be paid, and when I called the insurance company about this, they have all of this documented in their notes, but never paid it. They are working on getting it paid, but it is from an old policy that has been inactive for a while and they have to figure out how to do that and they have told me it won't be before my deadline.

 

[dfromnyli]

do you know what court it is in? if it is in small claims district court, there is a a boilerplate state wide form that is used to file answers, and after you file that form the court sends you a notice with a date of a hearing.

 

[Rachel.M]

Hi,

It's not in small claims court, it's in the First Judicial District Court.

I asked at the courthouse and they referred me to a local attorney (which I am working to find) and didn't mention any forms.

Any suggestions for finding a boilerplate form?

Thanks,

Rachel

 

[justalayman]

My insurance company was supposed to pay more than what they actually paid. I have their letters stating that, as well as a saved voicemail from a supervisor with the insurance company stating that it would be paid, and when I called the insurance company about this, they have all of this documented in their notes, but never paid it. They are working on getting it paid, but it is from an old policy that has been inactive for a while and they have to figure out how to do that and they have told me it won't be before my deadline.

that is not a defense. You are liable for your medical bills regardless what your insurance company paid, or should have, unless there is a PPO where a signatory provider is restricted by their contract with the insurance company from seeking payments the insurance company does not allow them to.

that becomes a contractual relationship between your insurer and your provider and using such as a defense would not be easy and simply obtaining the information to review to see if the defense would even be possible generally isn't going to show up in the next 5 days.

I could find no generic forms for your courts. You may inquire with the court clerk as to where you might be able to review some similar cases where you may be able to use their filing as a guideline.