OVERVIEW
The process for medical debt lawsuits
This is the typical process for a medical debt case. Select any phase shown below to learn more and get step-by-step instructions for your situation.
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Resolve debt before a lawsuit
The creditor may be sending collection notices and making telephone calls, but has not started a court case. At this point, you may be able to resolve the debt or negotiate and avoid a lawsuit.
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Decide what to do if you are sued
If the creditor files a suit against you (you received official court papers called a Summons and Complaint) you must decide whether to respond or forfeit your defense.
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Respond to a lawsuit
If you decide to defend yourself, you'll respond by filing forms with the court, paying court fees, and informing the other side that you are participating in (or answering) the lawsuit
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Prepare for your trial
This is usually the longest part of the process. You'll prepare to defend yourself in court by gathering evidence using a legal process called discovery to get information from the other side.
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Go to trial
If the case isn't settled, you'll go to trial. The court will make a decision on the case ending in a judgment in favor of one side or the other.
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After the trial
If you do not win the case, the other side will receive a judgment, and will try to collect what you owe.