What to do if I am being sued by an animal hospital for a bill that is not mine?

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What to do if I am being sued by an animal hospital for a bill that is not mine?

I had an identity theft issue with a roommate of mine. I told them they had the wrong person. I asked for proof and all they did was send me a cost invoice and I sent a rebuttle stating I never lived at that address and that was not my phone number and who my roomate was and what she had done. But now I have an out of state summons to appear in court unless I pay in full. What can I do to get this resolved? Do I have to go out of state, miss work, and pay to go there for the court apperanc?. What is the best was I can handle it?

Asked on April 2, 2012 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, the creditor does not have to take your rebuttle at face value--otherwise, everyone would simply disclaim their bills by claiming someone stole their identity. When there  is a factual issue--i.e. whether you incurred the bill or not--the matter almost always has to go to trial  if the parties do not settle in advance. For the reasons you describe (with an out-of-state court, the cost of travel and time out from work--and also legal fees, if you hire an attorney, as you should), you would probably be best served by either paying the full amount or trying to negotiate/settle at some amount you can afford--then sue your roommate to try to recover the money from him or her.


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