Legal Question in Credit and Debt Law in Illinois

I was issued a summons for a medical bill that I was wrongly charged for. The procedure was done at a hospital. My insurance company at the time would only pay for procedures done at the hospital I work for. I had an EPO plan at the time. I was well aware of that stipulation. After the procedure I received a bill that charged me for out of network costs. I called the insurance company and they claim that the procedure was done at the doctors surgery center which is located in the hospital.

At the time of making the appointment I was told that procedure was being done at the hospital, not the surgery center. After many attempts of trying to argue my case to the insurance company as well as the doctors office, I now have a summons. I don't know what my options are at this point. The amount to be paid is $1300. I don't have money to pay for a lawyer, yet I feel I am being bullied into paying this bill because of someone else's error. What are my options?


Asked on 2/01/10, 7:55 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

The burden of proof will be on the plaintiff to prove you owe the money. Show up at the date and time indicated on the summons or a default judgment will be entered against you. Be careful of who you talk to at the initial hearing. Bring all the documentation you have, and write down all of your recollections about dates, times, and to whom you spoke. Bring witnesses if there are any. And no, "notarized statements" from your witnesses are not good enough.

More than likely this will be the initial hearing, and no evidence will be heard. In most counties, the judge will set the matter for trial at some point in the future. However, come prepared, since this may be the trial. You could call the clerk to find out which this will be. Some debt collection agencies/attorneys try to pretend that you only have to talk to them at this intial hearing, and they will try to bully (or sweet talk) you into signing an agreed order. You have a right to a trial. The judge is in charge, not the attorney.

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Answered on 2/08/10, 6:57 am


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