What to do when I get a judgement summons

Submitted by annamfang on Mon, 11/30/2009 - 12:52
Forums

I just received a judgement summon for medical bills back in 2006. I did have insurance but they lied to me said they were within network. It was after the fact they did the precedure I learned they were NOT in my network hence my insurance didn't pay. Total amount is $3200. I have couple questions.

1. I heard about the SOL, does anyone know the SOL for state of IL?

2. How do I need to do t contest this?

Many thanks.

I sent you a pm with the statute of limitations for Il, if I post it here they will delete it and call it a copy.

As far as contesting it, if they already have a judgement in place it will be tough, they will say that you should have shown up in court to fight it before it became a judgement.

Check your private messages for the statute of limitations information.

Mon, 11/30/2009 - 15:13 Permalink
Anna (not verified)

Thank you very much for your help but I made a mistake. Actually, I just got a summonned to the court. I know I should file a response. My question is do I mention the reason why I didn't pay or is that until later in the court to tell the judge?

Tue, 12/01/2009 - 00:13 Permalink

Hi Annamfang,

The statute of limitations for IL is 5 years for unwritten contracts. However, the first thing you should do now is to file a response to the summons. Do appear in the court on the given date, otherwise the creditor might get a default judgment against you. You can mention the reason while filing the summons. But it is more appropriate to place your side of the case in the court.

Tue, 12/01/2009 - 06:41 Permalink

Do you have it in writing that they were stating they were in the network? Can you call you insurance company and ask them if the company attempted to bill them.

You need to find some way to show that they believed they were in the network.

Tue, 12/08/2009 - 18:12 Permalink

I had this very thing happen to me. I had gotten a bill from a doctors office for an exam that was covered one hundred percent under my insurance. Before getting the exam I called and asked if they were in network and they said yes. Well after getting my bill I called H Mark to ask them why the did not cover and the docs office contract had lasped for a couple months, when I got my exam. I called the office and they quit billing me but it was on my report so I called them and told them I was going to take further action if it was not removed. They took care of everything. Try callinf even if the summons was issued. Also be sure to tell your story to the judge. They should be responsible for paying and not you.

Wed, 12/09/2009 - 02:34 Permalink
Sally Nachelle (not verified)

The SOL for state of Illinois is as follows:
For written contract-, SOL is 10 years
For oral agreements –SOL is 5 years
For promissory notes – SOL is 6 years
For open-ended accounts – SOL is 5 years

At first, you should give reply to court against a judgment summon. You can also contact with an experienced lawyer regarding this issue.

Thu, 05/26/2011 - 11:14 Permalink