My question involves collection proceedings in the State of: Kansas
I am being sued over an old medical bill; haven't even investigated as to whether it is actually my debt or not just yet.
I was served and filed my answer with the court within the time limit. The plaintiff's attorney took default judgment against me for NOT filing an answer, as they are almost 3 hours away and supposedly did not know I filed my response. I spoke to the court, and they told me to call the attorney and make them remove it. They filed a motion and the default judgment was removed. I then received notice of my court date in the mail.
Unfortunately, I could not make that court date, so I called the court to find out how to proceed. They advised me to call the Plaintiff's attorney and work out a time that would work for the both of us. I called them and he basically told me he absolutely would not work with me on arranging a new court date and that he hoped I didn't show up because then he would get every penny out of me that he could before I filed bankruptcy.
So...I rearranged everything i had on the calendar for that day and showed up to my court date and asked for an itemized statement, as the bill I have with the same account number is only $495, while I am being sued for almost $3000. The judge told the Plaintiff they had 21 days to serve me my itemized statement and I would then have 14 days from receipt of service to file my response. If I did not file a response in those 14 days, the default judgment would be granted.
So, 21 days came and went and I did not receive my statement. I finally received the statement 33 days after the court date. I actually contacted the court the day I received the statement but before it came in the mail. She advised me to send her an email detailing all of this and she would pass it on to the judge. The judge has refused to speak to me about the case, even just to tell me if the case would go forward even though the plaintiff clearly disregarded the judges order to serve me within 21 days. They told me to contact the plaintiff and get an attorney. clearly, contacting the attorney for the plaintiff will get me nowhere, as they wouldn't even work with me on the date of the hearing. Also clearly, as I am being sued for inability to pay a bill, I cannot afford a lawyer.
I am wondering why the judge would seem to favor the plaintiff. If I don't file my response, I am immediately penalized with the default judgment. however, the attorney for the plaintiff didn't get my statement to me in the allotted time, but there is no penalty or consequence for this. In my opinion, the case should have to be refiled because they dropped the ball. I have heard of filing a motion to dismiss, but I am not sure the Judge is going to like that any more than anything else I have tried.
Any ideas of on how I should proceed? I am not sure what I should do. Please help!
I am being sued over an old medical bill; haven't even investigated as to whether it is actually my debt or not just yet.
I was served and filed my answer with the court within the time limit. The plaintiff's attorney took default judgment against me for NOT filing an answer, as they are almost 3 hours away and supposedly did not know I filed my response. I spoke to the court, and they told me to call the attorney and make them remove it. They filed a motion and the default judgment was removed. I then received notice of my court date in the mail.
Unfortunately, I could not make that court date, so I called the court to find out how to proceed. They advised me to call the Plaintiff's attorney and work out a time that would work for the both of us. I called them and he basically told me he absolutely would not work with me on arranging a new court date and that he hoped I didn't show up because then he would get every penny out of me that he could before I filed bankruptcy.
So...I rearranged everything i had on the calendar for that day and showed up to my court date and asked for an itemized statement, as the bill I have with the same account number is only $495, while I am being sued for almost $3000. The judge told the Plaintiff they had 21 days to serve me my itemized statement and I would then have 14 days from receipt of service to file my response. If I did not file a response in those 14 days, the default judgment would be granted.
So, 21 days came and went and I did not receive my statement. I finally received the statement 33 days after the court date. I actually contacted the court the day I received the statement but before it came in the mail. She advised me to send her an email detailing all of this and she would pass it on to the judge. The judge has refused to speak to me about the case, even just to tell me if the case would go forward even though the plaintiff clearly disregarded the judges order to serve me within 21 days. They told me to contact the plaintiff and get an attorney. clearly, contacting the attorney for the plaintiff will get me nowhere, as they wouldn't even work with me on the date of the hearing. Also clearly, as I am being sued for inability to pay a bill, I cannot afford a lawyer.
I am wondering why the judge would seem to favor the plaintiff. If I don't file my response, I am immediately penalized with the default judgment. however, the attorney for the plaintiff didn't get my statement to me in the allotted time, but there is no penalty or consequence for this. In my opinion, the case should have to be refiled because they dropped the ball. I have heard of filing a motion to dismiss, but I am not sure the Judge is going to like that any more than anything else I have tried.
Any ideas of on how I should proceed? I am not sure what I should do. Please help!
Collection Lawsuits: Is the Plaintiff Bound by the Judge's Orders
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