I got summoned last night over a chiropractor bill of $350. It was filed with the court on Nov 12, and I was served the summons on Dec 2. I have 20 days to respond.
The plaintiff isn’t a debt buyer, but they are a collection agency. They want:
$350 principal + interest
Attorney fees: $200
Filing fee: $83
Service fee: $45
What are my options? Should I ask for proof of the debt or try to negotiate? Any advice would help.
I’ve worked as both a debt collector and a paralegal. Most collection agencies work directly for the client, in this case, the chiropractor’s office. They rarely buy debt outright.
The best move here is to call them and offer to pay the $350 directly. Make sure they agree to drop the case and ask for a receipt as proof.
Uma said: @Jesse
If they’re taking this to court, wouldn’t it cost more than the debt itself? Also, I can’t stand debt collectors giving advice here.
Actually, in the US, the agency’s costs usually get added to the bill, so the person being sued ends up paying them. Just calling them doesn’t reset the statute of limitations either. You might want to double-check with a debt collection attorney—they often give free initial consultations.
I’m a lawyer (not your lawyer). Start with these questions:
Did you actually see this chiropractor?
When was the last payment you made?
Is this debt time-barred (too old to be collected)?
Was this related to an accident, and was it supposed to be covered by a settlement or insurance?
If insurance denied it, was the claim filed correctly?
Are they billing you more than what’s allowed by law or contract?
Also, check your local court’s website to confirm filing fees. If they lied about the fees, that could violate the FDCPA (Fair Debt Collection Practices Act). Did the collection agency send you any notice before suing?
@Keaton
Yes, I saw the provider two years ago. No car accident or settlement involved. Insurance denied the claim, so the full amount is my responsibility.
I’m in WA. I see the case on the court website but haven’t checked the exact filing fee yet. The agency did send one notice about 10 months ago.
The first thing you should do is respond to the summons. Ignoring it will automatically give them a win. I’d recommend asking for validation of the debt.
Lyle said:
The first thing you should do is respond to the summons. Ignoring it will automatically give them a win. I’d recommend asking for validation of the debt.
It’s called validation, not verification. Validation requires proof like documents showing you owe the debt. Verification is just them confirming the debt exists.
Lyle said:
The first thing you should do is respond to the summons. Ignoring it will automatically give them a win. I’d recommend asking for validation of the debt.
How do I ask for validation? Do I write to the lawyer or the collection agency? Should I copy the court?
@Avery
There’s a website called SoloSuit that has templates and instructions for responding. You can use it to draft a validation letter. Just be sure to send it certified with return receipt. Don’t pay them to send it for you—do it yourself.
Go to your local courthouse to verify the summons is real. If it is, respond right away and ask for a payment plan if you can’t pay the full amount now. Don’t let it turn into a judgment—they can garnish your wages, and judgments don’t go away.
Back when I was broke in college, I had a few past-due medical bills. I always made it a priority to pay the medical office directly. Then when the collection agency called, I’d just tell them the bill was already paid. They’d get mad, but it was their problem.
You might try calling the chiropractor directly to see if they’ll take your payment. If they do, you can respond to the summons saying the debt has been paid.