How do I respond to a small claims suit?

I was served with a small claim suit for a med. bill.My spouse and I are both unemployed and facing foreclosure. I know I'm responsible for the bill, but my I cannot even keep my utilities on, I''m not sure how to handle this suit
Additional Details
I cannot afford to pay the bill, or even make a committment to any sort of payment arrangements at this time. The papers are unclear, and make it seem like I need to come prepared to make payment in full unless I want to dispute the debt. Bankruptcy has crossed our minds, maybe it's closer than we thought. If I don't show up or respond, what could the penalty be for that?

Phil

Your first step it to contact the person suing you and see if you can make an arrangement to pay them off or reduce the debt and pay them off. If they sue you and you cannot pay anyway there's not a lot for them to gain, so they should be willing to negotiate. They are suing you because you haven't been responsive to lesser efforts.

IF that doesn't work you respond to the suit by acknowledging that you owe the debt but are unable to pay it, and offering to the court a payment plan of some sort.

And then say "failing that, i will have to seek protection in bankruptcy" (which you don't have to actually do); it sends the message that there is no way they are going to get the money if they don't take your reasonable offer in compromise.

Teekno

Show up to court on the date specified. That's really the only way to respond.

jamie

well if you don't go to court a judgment will be made against you
but they can not squeeze blood from a stone .
so if you cant pay wait until you can pay it
it will hurt your credit but you no what you are going through hard times so pay the things like utilities and if you have an extra $20 pay a portion of the bill ,their is nothing they can do about it
even $10 is fine . good luck i hope things get better for you

Sugar

Go before the judge and tell your story.ask for tolerance.

purduemaggie

I just sued someone in small claims court (in Hawaii), so I can respond with what I know. If you receive the summons and do not go to court the court will issue a default judgment for the plaintiff. They will rule against you. Depending on the laws in your state, there is a thing called "treble" damages where the court can award more than the original debt to cover costs and trouble for the plaintiff. You want to appear in court so that you can tell your story and try to avoid this. I am not saying that your state has treble damages or that it applies in your situation - just that it might and you never know.

Before court, call the medical billing company and ask for a payment plan or paperwork to apply for a hardship write off of the bill; sometimes called financial aid. When I was in college I had an emergency room visit that I could only pay $50 a month on and they wanted more. Because I couldn't afford more they told me to apply for financial aid. I sent in pay stubs and a tax return and they wrote off the bill. This usually works if you ask right when you get the bill. But it might work in your situation.

Wishing you the best.

September17th

It depends on your state. Sometimes the court will order an "installment judgment" which means that you can make monthly payments. If you are late by 10 or 15 days, the judgment creditor (the plaintiff) can declare you in default and collect the entire amount.

It sounds like you are in a deep hole. I'm not one to to advocate the easy way out, but you might want to talk to a bankruptcy attorney about your options. It's the last resort, but it will relieve a ton of stress. That's why bankruptcy laws were invented. Don't feel bad about exercising that option.

mercedes

If you owe the money don't bother to show up for court. It doesn't matter if you can pay or not.

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