Legal Question in Credit and Debt Law in Alabama
medical bill claim
My father just received a statement of claim from a debt collector stating that he was being sued for medical services that occured 2 years ago, we have no knowledge of this bill...I asked the company (Nadler & Assoc.) to send me proof of this debt and they told me I would have to contact medicare for that info...they want him to pay $150 a month for this ...he is on disability and cannot afford this ... he has a court date 8-25-2008, should we make arrangements to appear in court that day(he is on oxygen 24-7) ?
2 Answers from Attorneys
Re: medical bill claim
Your father should file an answer denying the claim or hire an attorney to do so. The debt collector should be required to prove the amount of the debt and that they have the right to collect the debt. If they can't send you proof, its unlikely they will be able to prove the debt in court. A Debt collector who sues on an account and does not have the goods to show that the debt is actually owed, may be violating the Fair Debt Collection Practices Act for which your father may have his own claim against them.
Re: medical bill claim
Hire a lawyer to answer the lawsuit. Find someone with an office around the courthouse who will represent your father for $300 (this is not a difficult case). If your father owns no real property, has no assets, etc. he may be "judgment proof".
In a lot of cases, the debt collector has no witnesses and expects YOUR father to be his witness. You DO NOT have to appear in court if you have a lawyer!! Therefore, the debt collector will have no witnesses if your father does not appear (I normally "hide" my client somewhere in the courthouse so I can call them if I need them).
Call if you or your lawyer have questions: 205.752.4440
Randal Ford
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
