Medical debt
You are being sued over a medical bill
Medical lawsuits are filed by hospitals and medical groups, by billing companies acting for them, and by collectors that bought the account. The lawsuit itself follows the same civil process as any other debt case, but the paperwork behind a medical balance is usually assembled from several systems, which is exactly where it tends to come apart.
Which kit fits: If the plaintiff is the hospital, clinic, or medical group itself, the Original Creditor Kit fits. If the plaintiff is a collection company that bought the account, use the Debt Buyer Kit.
The deadline is the only thing that is urgent today
Your summons states how many days you have to file a written response, generally 14 to 35 days from the date you were served. If that date passes without a filing, the plaintiff can ask the clerk for a default judgment and win without producing any document at all. Everything on this page comes after your Answer is filed.
Where their paperwork usually falls short
- A summary balance with no itemized statement showing individual charges and dates of service
- No proof that insurance was billed, or an amount that does not match the explanation of benefits
- Charges bundled from several visits, providers, or facilities into one number
- An account sold to a collector with no assignment document naming the patient and the account
- No signed financial-responsibility form for the visit being sued on
Defenses commonly raised in these cases
- Amount claimed is unverified
- Failure to bill insurance or apply insurance adjustments
- Lack of standing / no proof of assignment
- Payment, credit, or adjustment not reflected
- Statute of limitations
Raise the defenses that match your facts. The toolkit explains each one and when it applies before you select it.
What makes this kind of case different
Ask for the itemized statement, not the balance
A collection letter or complaint usually shows one number. An itemized statement shows each charge, each date of service, each billing code, and every payment or adjustment applied. Asking for it in discovery is normal, and reconciling it against what you were told you owed is often where a discrepancy shows up.
Compare the claim to your explanation of benefits
If you were insured on the date of service, your insurer's explanation of benefits states what the plan paid, what was written off under the provider contract, and what portion was left to you. When the amount in the complaint is larger than the patient-responsibility line on the EOB, that difference deserves an explanation.
Nonprofit hospitals have financial-assistance policies
Nonprofit hospitals are required to maintain and publish a written financial-assistance policy. Whether you qualify, and whether you were ever screened for it before the account was sent out, is worth asking about — including for a bill that is already in litigation.
Medical collections are treated differently on credit reports
The nationwide credit bureaus handle medical collection accounts differently than other collections, including waiting periods and reporting thresholds. That does not change what happens in court, but it matters for what shows up on your reports afterward.
Your next four steps
- 1Write the date you were served on the first page of the papers and calculate your deadline.
- 2File a written Answer with the clerk of the court named on the summons and mail a copy to the plaintiff's attorney with a certificate of service.
- 3Gather your insurance cards, explanation of benefits statements, and any bills or receipts for the dates of service in the complaint.
- 4Serve discovery asking for the fully itemized statement, proof of insurance billing, and the assignment document if a collector is suing.
Sued over a different kind of debt?
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.