My turn . being sued by incompetent company

[boanon]

Hello .. well here I am again with my own issue. SOme time ago I required a medical device and used a certain company. This company was problems from the start with first delivering the wrong machine then a broken one. Their billing was atrocious as they came sometimes but most times did not. I do not believe I was at home when the machine was delivered so I do not believe I signed the contract. Since then I have moved to a better company and for the past year things have been rosy with the new company.

Back to the old .. as I said their billing was terrible and confusion. I did not pay because I did not think I owed what they were saying and calls to the billing department led to voice mails with never ever a return call. Ultimately they did call me saying I owe them X amount plus interest and I said I do not remmeber agreeing to interest nor did I receive all the bills. They just said pay or they will sue. That was in April. At that time, I wrote them a letter asking for when bills were sent, why they never called back, and a copy of the contract. They did not respond to that letter.

Today my mother received notice that I was being sued. Here are my questions: being that I moved and the notice went to my parent's house, was I properly served and if not should she just send it back saying I am not at that address? Can I ask for a continuance if I was properly served being that they date is for 2 weeks and they did not provide me with any kind of contract or anything else I asked for?

Thanks
Ben

 

[tpajet]

I would not claim that you were not served correctly because if you do not show up for the case they will win by default. The thing to do is contact the court where the case has been filed and explain to them that you have moved, the summons was sent to your old address, etc, etc.

However, I would still go to court. If you do rightfully owe money the judge will order you to pay that, but then that's where you were originally anyway. As for any interest, court fees, etc, etc, explain to the judge how you tried to get all of the billing info and that they would not provide it for you, and that you also do not believe you even signed a contract. This way they will have to produce a copy of the contract and if the judge can see that you tried to get the info on what they claimed you owe and they ignored that and instead chose to just sue you, then I would think the judge would rule that you don't owe the extra. Bring copies of the letters you have with them showing that you tried.