How to Defend Yourself Against a NJ Medical Debt Lawsuit

If you owe a hospital or private physician a large amount of medical debt and have been pursued by the hospital or a debt collector they’ve hired, there’s a strong possibility that the collection agency or hospital could decide to sue you for the remainder of the debt.

Don’t panic! We have compiled the steps and strategies that will help guide you if you are served with a lawsuit for your medical debt.

One of the most common mistakes debtors make when they are sued is not responding to the notice, which arrives as a “summons and complaint.” Debtors will often assume that if they do not have the money to pay the debt that they can just toss that summons and complaint in the trash and forget it. However, there are many avenues that are still available to you, even if you cannot currently pay the bill.

If you fail to respond to the summons and complaint, the collector will be awarded a default judgment against you. This will give them the power to pursue collection in more aggressive ways, including garnishing your wages or taking money directly from your bank account. Worse still, they’ll be able to tack on attorney’s fees, court costs, and potentially even accrued interest.

Now that you know you must respond to the summons and complaint, you’ll need to learn how to do so. The one thing you must NOT do is respond by simply saying you cannot pay the bills you owe. That’s like a defense attorney deciding to defend their client by announcing that the prosecution is correct! “Your honor, my client is guilty just like the prosecution says.”

With the help of your attorney, you’ll file an Appearance form before the Return Date listed on your summons and complaint. If you fail to do so, remember, you will be found liable by default. Your attorney will be able to fill out the paperwork for you, or guide you in doing so properly.

When you meet with your NJ debt resolution attorney, he will be able to advise you on the best defense against the lawsuit that was filed. The legal advice you receive will be tailored to your unique case details, with the end goal of proving that you are not responsible for the debt. Alternatively, your attorney may work to reduce the amount of medical debt you’ll have to repay over time.

Your attorney will demand that the collection agency or hospital prove that you owe the amount they claim. Experienced legal counsel knows what documents to demand in court from the opposing side. A strong defense straight out of the gate will often prompt the collection agency or hospital to begin settlement proceedings and reach a mutually satisfactory arrangement.

While it is possible to defend yourself in court against a medical debt lawsuit, you should strongly consider working with an attorney who will be able to take your individual situation into account and offer you the very best defense tailored to your needs. Only an experienced attorney who has complete access to your case will be able to do so.  You deserve the best assistance in your defense so that you can live out a peaceful future, which ideally does not include medical debt hanging over your head.
Image: “Hospital Municipal de Chiconcuac” by Presidenciamx – licensed under CC 2.0

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