7 Steps to Take If You’re Sued Over a Medical Debt in Mississippi

There’s a certified envelope on the table, and you don’t need to open it to know what it is—a court summons tied to that hospital bill from last year’s emergency. It’s the kind of thing that turns your stomach. The medical costs were already more than you could handle. Now there’s a lawsuit on top of it.

This is where a lot of people freeze—but you don’t have to. Getting sued over medical debt is stressful, no doubt. But if you live in Mississippi, you’ve got options. And what you do next matters.

These steps aren’t just about responding to the lawsuit—they’re about giving yourself a way forward.

Step 1: Don’t Ignore the Summons — Read It Closely

If a court summons shows up demanding payment for old medical bills, it’s easy to want to shove it in a drawer and not think about it. Don’t. That’s exactly how people end up with default judgments they could’ve avoided.

Take the time to read the summons and complaint all the way through. These documents lay out the core of the lawsuit and tell you what you’re actually dealing with.

Here’s what to look for:

• Who’s suing you—is it the hospital or a debt buyer?
• How much are they saying you owe?
• When do they claim the debt was incurred?
• Which Mississippi court is handling the case?
• What’s your deadline to respond? (It’s usually 30 days, but check to be sure.)

Once you’ve found the response deadline, mark it down. Missing it almost always leads to a default judgment, and that hands the win to the debt collector without you ever getting a say.

Step 2: Verify That the Debt Is Actually Yours

Don’t assume the debt is legitimate just because there’s a lawsuit attached to it. These things change hands so many times—between providers, collection agencies, and debt buyers—that mistakes happen more often than people realize.

Start with the basics. Look through anything you have on the medical visit or procedure:

• Bills from the provider named in the lawsuit
• Insurance statements showing what they covered (or didn’t)
• Receipts, bank statements, or anything showing what you have already paid
• Emails or letters you got about the bill

If any of it feels off—or you don’t recognize the name on the paperwork—it’s worth digging deeper.

Send a written request asking the collection agency to verify the debt. You don’t have to be fancy about it. Just ask them to show proof that the debt is real, that it belongs to you, and that they have the legal right to collect it. The Fair Debt Collection Practices Act gives you that right.

They should be able to give you a full breakdown. If they can’t, or if what they send you doesn’t add up, that’s a problem—and one that could work in your favor.

Step 3: Find Out If the Debt’s Too Old to Collect

Once you’ve confirmed the debt is yours, check how old it is. That’s more important than most people realize.

In Mississippi, debt collectors only have a limited time to sue—usually three years. If they’re coming after you outside that window, the case might not even be enforceable.

Here’s how it typically breaks down:

• Written contracts (which some medical debt falls under): 3 years
• Open accounts (also may apply to certain medical bills): 3 years

What matters is the date of your last payment. If it’s been more than three years since you paid anything on the bill, you might be protected under Mississippi’s statute of limitations.

A few things to keep in mind:

• Even a small payment can restart that 3-year clock
• Verbal agreements or informal promises can get messy—don’t make one without checking first
• If you believe the statute has expired, raise it clearly in your answer to the lawsuit

If the timeline’s in your favor, this could be one of your strongest defenses.

Step 4: File Your Answer—That’s What Stops a Default Judgment

If there’s one step you can’t skip, it’s this one. Filing an answer is how you keep the court from siding with the debt collector by default. That’s exactly what happens if you don’t respond—no hearing, no chance to explain, no defense. They just win.

Your answer doesn’t need to be complicated, but it does need to hit a few basics:

• You’ll go through the complaint, point by point, and either admit, deny, or say you don’t know enough to respond
• Then, add any legal defenses that apply—maybe the debt’s too old, maybe the amount’s wrong, maybe they’ve sued the wrong person
• Format the answer the way your Mississippi court requires (some have forms, others expect a typed document)

Once it’s ready, take it to the clerk of court in the county where the case was filed. Do it before your deadline—usually 30 days from when you were served. The clerk will stamp your answer, file it, and give you a case number.

Step 5: Don’t Forget to Send the Other Side a Copy

After you file your answer with the court, you’re not quite finished. You still have to send a copy to the other side—the debt collector’s attorney. And yes, it matters more than it sounds like.

The court doesn’t do this part for you. If you don’t handle it, the judge might not even know you responded at all.

Here’s what to do:

• Make a copy of the answer you just filed
• Mail it to the attorney listed on the summons (not the court)
• Use certified mail with return receipt—so there’s proof it got there

Then hang onto that green receipt card or delivery confirmation and keep it with your case papers. If anything gets questioned down the line, that’s your proof you followed the rules.

Step 6: Start Gathering the Paper Trail

Once you’ve filed your answer, you’ve bought yourself some time—and now it’s time to use it. Start pulling together anything that might help you tell your side of the story. The more complete your records are, the more leverage you have.

What you’re looking for:

• Copies of your medical records related to the treatment or visit in question
• Every billing statement you got from the provider
• Any insurance paperwork—especially explanation of benefits (EOBs) that show what was covered
• Receipts or records of payments you already made
• Emails, letters, or notes about the debt—basically anything that shows when they contacted you and what was said

If a third-party debt buyer is the one suing you, this is especially important. These companies buy up old debts in bulk, often with limited documentation. You’re allowed to ask them to prove a few things—and they often can’t:

• That they actually own your specific debt
• That the amount they’re claiming is correct
• That you’re the one who owes it

You’re not just taking their word for it. They have to back it up. If they can’t, that’s their problem, not yours.

Step 7: Think Through How You Want to Handle It

Once you’ve got your paperwork in and some breathing room, the question becomes: do you want to fight this all the way, or is there a way to settle it and move on?

If the numbers are off or the debt looks shaky, sure—challenge it. But if it’s accurate and you just can’t pay it all, don’t write off the idea of resolving it another way.

You’ve got a few options, depending on where things stand.

You Can Try to Settle

Collectors—especially the ones handling medical debt—aren’t strangers to negotiation. If they know you’re not just ignoring them, they’re more likely to deal. They’d often rather take a smaller payment now than chase the full balance in court.

You might offer:

• A lump sum for less than they’re asking
• A payment plan that doesn’t bury you
• Or ask if they’ve got a hardship program (some do, even if they don’t advertise it)

If they agree to anything, get it in writing. It should say exactly how much you’re paying, that it settles the debt in full, and that they’ll drop the lawsuit. No guesswork. No assumptions. Paper trails matter here.

You Can Ask Them to Prove the Debt Belongs to You

If you’re not convinced they’ve got the right records—or the right to sue you at all—push back. Ask for proof they own the debt, that the amount’s right, and that you’re the one who owes it.

A lot of these debts are bought in bulk, and sometimes they don’t have the files to back them up. If that’s the case, the lawsuit might not stand.

You Can File Bankruptcy

If this debt is just the tip of the iceberg, and you’re staring down medical bills, credit cards, and other collection letters, it might be time to consider bankruptcy.

• A liquidation filing under Chapter 7 of the U.S. Bankruptcy Code can eliminate most medical debts completely.
• A repayment plan under Chapter 13 of the U.S. Bankruptcy Code lets you pay back what you can afford over time.

Both stop collection efforts cold the second you file. That includes lawsuits, calls, garnishments—everything.

Bankruptcy’s not the right move for everyone. But if you’re buried, it’s better than sinking deeper.

Know What Debt Collectors Can—and Can’t—Do

Whether the debt is legit or not, collectors still have rules they have to follow. And a lot of them don’t.

The Fair Debt Collection Practices Act—yeah, long name, but it matters—sets the boundaries. It doesn’t give you a free pass on the debt, but it does give you protection from harassment and shady tactics.

Here’s where we see collectors cross the line:

• Calling constantly, or at weird hours
• Using threatening or aggressive language
• Talking to your employer, your family, or anyone else about your debt
• Saying you owe more than you actually do
• Tacking on fees or charges that aren’t part of the original agreement

If any of that’s happening, keep a record. Save voicemails. Take screenshots. Write down dates and what was said. You don’t have to do anything with it right away, but if things escalate—or if you want to push back harder—that kind of documentation can make a real difference.

Collectors count on people not knowing the rules. But once you do, the power balance shifts.

Watch for Predatory Moves in Medical Debt Collection

Medical debt gets handled differently than most other types of debt, and not always in a good way. Some collectors and providers don’t wait long to start playing hardball, and if you’re not watching closely, it’s easy to get caught off guard.

Here’s what we see more often than we should:

• Some medical providers sell the debt off to third-party collectors almost as soon as it becomes overdue. You might barely be out of the hospital before a collection notice shows up.
• Out-of-network doctors—especially ones you didn’t even choose—can leave you with surprise bills your insurance won’t touch.
• Collectors often add interest, fees, or “processing charges” that were never part of the original medical cost.
• In some cases, they’ll even try going after family members who aren’t legally responsible for the bill, just to see if someone pays.

If any of this is happening, take it seriously. Document it, ask questions, and don’t assume it’s all above board just because it’s coming from a company with a letterhead.

The Consumer Financial Protection Bureau has resources that explain what’s allowed—and what isn’t—when it comes to medical debt collection. It’s worth looking at if you feel like something’s off.

How We Help With Medical Debt Lawsuits at Ware Law Firm

Getting sued over medical debt is stressful enough—you shouldn’t have to figure it all out alone. The collector’s attorney knows the system. Without legal help, you’re stuck playing catch-up.

At Ware Law Firm, we work with folks across Mississippi—Hinds, Rankin, Warren County, and beyond—who are dealing with lawsuits over unpaid medical bills. We know the process, and we know how to spot defenses that most people miss.

Here’s how we help:

• Review whether the debt is valid and properly documented
• Draft and file your answer the right way, on time
• Flag any violations of debt collection laws
• Negotiate realistic settlements when they make sense
• Talk through longer-term debt relief options, if needed

If you’ve been served, don’t wait until the deadline’s staring you down. The sooner we look at your case, the more we can do to help.