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being sued please help

Discussion in 'Small Claims & Municipal Court' started by tagitmoreau, May 20, 2008.

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  1. tagitmoreau

    tagitmoreau Law Topic Starter New Member

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    My wife took my son to a dr. in port charlotte, fl when he was sick. my wife filled out paperwork, signing as the responsible party for payment. my son's office visit was submitted to my wife's two insurances. we recieved a bill for $140.00 stating it was for our deductible. we told them we were financially strapped and would pay what we could. we then sent a check for $5.00, intending on sending them more on a weekly basis. the dr's office sent the check back w/ a letter stating that they do not have a payment schedule set up for our account and if we did not contact them they would seek legal action. my wife called to try to pay whole bill (we borrowed money) and was told a supoena had been issued on the account and now the amount to settle the account and pay for the supeona is upwards of $500.00. I have three children, my wife is disabled and we cannot afford this. they supoenaed me not her. they are sueing only me not her. since I did not sign as responsible party and i am not the primary insurance holder can they sue me? i would think they would have to sue the person that signed thoses papers, also the person who they filed the claim to their insurance. i now have to take time off my work to go to court.
    #1 should they have supoenaed my wife instead of me? if so can i just pay them the 124.00 and not the supoena since it was sent to the wrong person?
    #2 if so, can i counter sue for loss of wages b/c I have to appear in court
    #3 If they did supoena wrong person should i file for wrongful suit against me, harassment( they constantly called me at work and tried to serve me at work. when i asked them to stop they stated that they can do this b/c they are not a collection agency)
    please help us. any advise would be greatly appreciated
    greg moreau
    i don't know how this website works so my email is tagitmoreau@yahoo.com
    Last edited: May 20, 2008

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