Legal Question in Credit and Debt Law in California

Being sued for oldmedical bills

I am being sued by the attorney for a collection agency for past medical bills, I did respond to the notice within the time limits. I received another notice regular mail today with a court date and a motion on the grounds that there is no defense to the action and there is no triable issue of material fact.Can you please explain this triable issue to me becauseI don't understand it.When I filed my response with the courtI did state my objections to the dollar amounts in question in which included I asked that the insurance be rebilled because they said they would pay and a couple of the bills were to be covered by the state Medi-cal program. Any advice you can provideme with would be greatly appreciated.

Thank you


Asked on 12/14/05, 10:58 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Being sued for oldmedical bills

It sounds as if the plaintiff has filed a motion for summary judgment, stating that there are no triable issues of fact. If you dispute any of the "facts" listed in a separate statement, you will have to produce evidence (usually through a declaration sworn under penalty of perjury and incorporating an attached document) showing that the fact is incorrect. This puts the issue in dispute and, if it is material, the summary judgment will be denied. It's a good idea to have an attorney prepare the opposition. Otherwise your case can be lost on summary judgment and judgment could be entered immediately. Good luck to you.

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Answered on 12/15/05, 2:06 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Being sued for oldmedical bills

From the facts given, it appears that the plaintiff has requested the court grant them a summary judgment, in which they are basically stating you do not have any facts "in dispute" to take this case to trial, and the judge should rule on the evidence presented to date. You definitely want to submit an opposition pleading to this motion in order to properly preserve your rights. However, your BEST option is to retain legal assistance ASAP before your case is inadvertantly prejudiced or lost needlessly. For a free consultation, contact us directly.

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Answered on 12/15/05, 2:30 am


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