Legal Question in Consumer Law in California

response to suit summons

I have received a Summons { cititacion Judicial} on Form sdsc civ-219 advising me that i am being sued in superior court of california by a collection agency for unpaid medical bills amounting to $ 944 plus interest$299 plus attorney fees $422 plus $118 summons fee plus $68 service fee for a total of $1,849.

I plan on using a form Rule 982.1{35] to respond. Essentially my response will be that practically all of the $944 should have been paid by my health insurance plan under a PPO {PREFERENTIAL PROVIDER ORGANIZATION} AGREEMENT between the hospital & the insurance plan. I will have copies of the EXPLAINATION OF BENEFITS FROM THE INSURANCE COMPANY TO SHOW THAT EITHER THE PAYMENTS WERE MADE BY THE INSURANCE COMPANY OR THE HOSPITAL FAILED TO APLY TO THE INSURANCE COMPANY for reimburseement Questions I have are : Am i using the correct response form? Should i send a copy of my response to the plaintiffs attorneys. Should i deal with the collection agency attorneys informally or in writing to convince them that the suit is unjustified. My bottom line will be that i actually owe no more than $90.


Asked on 9/09/03, 12:51 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: response to suit summons

Use the general denial form and add an affirmative defense that the bill has been paid. Also, when you file your answer cross complain against the PPO.

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Answered on 9/09/03, 1:52 pm


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