Legal Question in Credit and Debt Law in New Jersey

Was served a special civil part summons today for money I owed for a hospital bill? It is $712.41. Unfortunately, I have no money and can only pay in payments. I made a payment of $25 to them in April, but they never contacted me again until I received the summons today? Will they negotiate with me or should I just answer the summons. I don't have any money for a lawyer.


Asked on 9/24/11, 8:54 pm

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

You may negotiate with them. Be aware that they will typically proceed with the lawsuit even if you are negotiating with them. If you don't answer the lawsuit, you will be in default and a judgment will likely be entered against you, despite any ongoing negotiations. You may want to consider investing the $15 court filing fee in order to file an Answer disputing the amount alleged due. That will give you more time to undertake your negotiations, and at least the matter will be opposed while you continue your efforts to settle. If you have been sued in small claims court (the docket number would begin with an SC and not a DC), then you cannot file an answer and you must appear in court on the date set forth in the summons. But again you should try to negotiate a payment arrangement. Be sure to get it in writing. If they offer you a "Consent Judgment" with a payment plan, you might consider suggesting instead that the matter be resolved by "Stipulation of Settlement" with payment plan. That way, no judgment will be entered unless you default on the payment plan.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

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Answered on 9/25/11, 8:16 pm


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