Should You Sue in Small Claims or District Court for Debt Relief?
You can also consider suing in small claims court or the relevant district court as such action does not require an attorney. The clerk of courts for civil actions can advise you in which court to file your complaint depending on the amount involved and even show you how to fill out a complaint form. Once you have done your homework and understand the extent to which your medical bills are either bogus or overstated, you can provide that documentation when you file your legal complaint against whoever is billing you. You can only sue for the amount that you determine that you are being overcharged, plus recovery of any court costs that you must pay to file your complaint. As explained elsewhere on this website , the fact that you may have signed a form combining authorization for treatment and consent to pay all bills, a form that your provider may have insisted upon before providing treatment, can be contested in court as a contract signed under duress . This is called a contract of adhesion because the provider has all the leverage over a sick person in need of treatment. Courts will not enforce such one sided contracts provided you demonstrate ,as will be explained below, your timely written dispute of exorbitant bills upon your receipt of same from your provider ‘ s bill collector. See the section below concerning how to deal with bill collectors, as your interaction with them will necessarily precede any court action and your actions in that stage of your dispute will set a foundation for any subsequent legal action, whether it is initiated by you or whether you are in court defending against any action to garnish your wages or attach any liens to your real estate.