If I was served a notice a motion for partial summary judgement, how should I proceed?
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If I was served a notice a motion for partial summary judgement, how should I proceed?
I was served this notice regarding a debt assigned to a collection agency from their attorney. The amount being sued for is $644 for a unpaid medical bill. This notice also contains a hearing date for the 23rd. I was wondering how I should defend myself at this hearing. The motion contained a affidavid from the original creditor stating the amount being owed. However no actual breakdown of charges owed just $644. Could I use that as a defense perhaps? What about HIPPA laws as the collection agency is limited to what they have access too.
Asked on August 17, 2012 under Bankruptcy Law, Nebraska
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
HIPPA laws do not apply to a debt collection action for medical services rendered but not paid. The reason is that detailed mention of medical services are not being provided to a third party that is not affiliated with the health care provider that rendered the medical services.
You need to timely file a written opposition to the partial summary judgment motion. One possible defense is that the charge is too high for services rendered and there is no segregation for the charge. If you owe the $644.00 amount then you should try and work out an arrangement with the creditor to get it paid off.
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