Legal Question in Credit and Debt Law in Missouri

Responsive Pleadings/Bankruptcy my only option?

I received a summons to appear in court. The hospital where my husband was treated for cancer turned it over to a collection agency and then filed a lawsuit. He passed away Aug. 2005 and was on Medicare. They never sent me an itemized bill. I cannot understand why they were not covered. In the summons, it says I may want to file a Responsive Pleading Pursuant to Chapter 517 RSMo and to get the help of an attorney. I really do not want to file bankruptcy. I manage to make my house payment and credit card bills. I have no car payment as I have a 1990 van. The only thing I can do is make payments. I don't understand why they are doing this. Others with higher medical debt are not sued. This is so very stressful. I lost my brother-in-law in Jan. 06 and my mother in March '06 and was the only one of my surviving family, my 3 sisters and I, in a position to pay for funeral expenses. My credit cards have been maxed out.

Please, what are my options and what is a responsive pleading? Is there anyway I can delay the court appearance? I have to work - now more than ever. Finally, can you recommend a good, compassionate attorney in my area? Thank you.


Asked on 6/25/07, 10:29 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Responsive Pleadings/Bankruptcy my only option?

You need to talk to an attorney right away. If you did not sign the papers on admission as "guarantor" you are not obligated on the debt. The debt is a debt of your husband's estate unless you took it on. If your husband did not have an estate it is too late for the creditor to open one, and they have waived their rights by waiting too long.

You need to find an attorney right away and have them investigate this and respond. If you are near Jefferson City you can certainly call me.

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Answered on 6/27/07, 5:58 pm


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