Do I have the right to ask for an account history?
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Do I have the right to ask for an account history?
I was served a summons. I do not think I owe the debt. I am not sure what to do. The complaint states I owe medical bills but I pay my co-payments each time I go to the doctor. If I do get a bill from the doctor then I pay the bill. I never received only notices in the mail about this prior to the response. Not sure how to respond. I know I need to respond.
Asked on February 29, 2012 under Bankruptcy Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You will need to file an answer to the complaint with the court within the time set forth in the summons and serve by mail a copy of your answer to the complaint on the opposing party or the opposing party's attorney. If you don't timely file an answer to the complaint, the opposing party will have a default entered against you. Judgment by default means you will have lost the case. If that happens, you will need to file a motion to set aside the default with the court and serve by mail a copy on the opposing party or the opposing party's attorney. If the court grants your motion to set aside the default, the case will then be back on track and litigation will continue.
An answer to the complaint denies the allegations in the complaint. At the law library, look for answer to complaint in the index of Pleading and Practice. This will give you the general format for an answer to the complaint. At the end of the answer to the complaint is the verification which you sign and date under penalty of perjury. The verification attests to the veracity of your statements in the answer. File the answer with verification and an attached proof of service with the court and serve a copy by mail on the opposing party or the opposing party's attorney. You can either use a court form proof of service or you can write your own. The proof of service verifies the date of mailing. If you write your owne proof of service, it just says that you are over eighteen and the attached documents were sent via first class mail unless stated otherwise to ________ (name and address of opposing party's attorney or opposing party if no attorney) on ____________ (date). You sign and date at the bottom. The date you sign should be the same as the date of mailing and the same date you file your documents with the court.
You can request an account history.
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