Medical debt collection info request... I've been told that the local hospital is ready to sue

[1monster]

is ready to sue us for collection of a hospital bill of over $7,500. (This is from a collections law firm.)

The thing is, having reached our deductible before the hospital submitted their bill, my insurance company paid 100% of their charges (over $68,000 at this point) with the exception of the $7,500+.

When the hospital started dunning us with bills, I called the insurance company to ask why it wasn't paid. They turned the matter over to a company that verifies medical bills.

The rep assigned to this case wrote me that the charges were "lacking <in> sufficicent documentation, and billed inappropriately."

The rep told me that even after we wrote a letter to the hospital authorizing them to deal with the rep, they have refused.

The hospital in question has not responded to any letter we have sent them or to numerous requests that they provide the insurance company with more documentation.

This morning, the legal department of this collections law firm told me that the hospital refused to send anything more or any more documentation to the insurance company than was originally supplied and that they would not deal with anyone authorized by us to try to fix this matter.

The man said he would try to get a reduced amount settlement for us from the hospital, but that it was not for the insurance company to pay; any settlement would be for us to pay.

The law firm rep has said that he will request that the hospital send me an itemized copy of the hospital bill, but that would be up to the hospital to decide. (We have never received an itemized copy of the bill.)

In the meantime, I have been trying very hard and cooperating with the collections law firm to try to get this resolved, only to find out this morning that they did not contact the hospital (who by the way has recieved copies of all correspondence on this matter.)

Four years ago, we had a similar bill from the same hospital which the insurance company refused to pay. I requested and got an itemized copy of the bill at that time. It was all pharmaceuticals. I took it to a pharmacist friend, told him that the hospital was offering me a settlement on the account for $1,000.

I asked him whether or not I should try to get the insurance company to pay or take the settlement.

He laughed and told me, "Take the settlement, Jo. There is no way your insurance company is going to pay this. You see this drug? I can get you two thousand of them for what they charged you for one."

So I took the settlement, complaining that they had grossly overcharged us. The answer from the hospital Accounts Receivable rep: "We can charge you anything we want."

This time I asked my insurance company to settle this with the above result.

My question: Am I being scammed by the hospital and the collections law firm? Do I need to get a lawyer, which will cost big bucks? If they offer the same thousand dollar settlement, (which I can't afford without selling most of the share in the college fund I started years ago for my son), should I take it?

I also have about $5 or 6,000 in other legitimate medical bills that need paying.

Help.

[Clinton Crusader]

1. Can't you get help from the patient advocate?

I'm 80 GRAND in to my hospital for cancer treatment, I had NO insurance when diagnosed. I tried every which way to get help, denied by everyone and I set up a payment plan. If you're making an honest effort to pay and DO pay them every month, there's nothing they can do to you. I pay $100 a month to the hospital, and the various other bills (12 of 'em) I pay $20 a month. If you pay, they can't touch you.

Good luck.

[1monster]

9. What is a patient advocate?

If the charges are legitimate, my insurance company generally pays. If they don't pay all of it, they pay the average rate for the region.

This hospital is alwyas on the high side, but in this case the hospital charged something over $7,600. When asked for more documentation, they provided documentation for $96.00, which the insurance company promptly paid.

I'm already making payment to this hospital for cardiac rehab at $50.00 per month for a bill for two monts rehab which came in at $850. They were supposed to be billing him for $45.00 for three visits per week. (He was told that would be a monthly charge. Even at a weekly charge, seven weeks at $45.00 is $315, not $850.)

[Clinton Crusader]

17. Patient advocate is at the hospital

I had to physically go to the hospital and go to Billing and cry like a school girl over the bill, till they thought I was going to have a panic attack or a heart attack. I threw myself at their feet for mercy, wailing about losing my house because of this, what am I supposed to do, etc.

They FINALLY agreed to let me have a payment plan, which is $100 a month. It still is a pinch, but WTH would I do with NO payment plan? We'd be living on the street.

You can also look into Legal Aid. I'm sure they would LOVE to get their jaws around something like this. Also, go to newspapers....

I contacted my local Congresswoman, and SHE contacted the hospital as well. THAT shut them up immediately, then they were calling me (!!) and being so nice, because they believed I had an in with the COngresswoman, who would go public, on how they were mistreasting and threatening a cancer patient!

[Nutmegger]

65. This is for you:

:hug:

I can't imagine going through your ordeal and on top of that with no insurance.

I hope you are well now. :hug:

[demnan]

2. What state do you live in?

[1monster]

3. Florida

[demnan]

7. I would contact a medical advocate

Perhaps someone who knows of a lawyer who might take your case pro bono. I know of someone who practices in Virginia, but not Florida.

[blondeatlast]

4. You can FIRE the collection agency and are well-advised to do so.

Simply call the agency, tell them the following letter is in the mail, and tell them you will no longer deal with them, that you will only deal directly with the creditor.

Here's a link:

http://www.bendover.com/adiosbottomfeeder.asp

Since you've taken the settlement, it may be to late to do this, but anyone else reading this may benefit.

FIRE THE COLLECTION AGENCY! It is absiolutely legal; I've done it myself.

[1monster]

10. I haven't taken a settlement on this bill. The collections law firm said they

will try to get a settlement for me.

The settlement I took was four years ago and I had to pay that immediately.

[blondeatlast]

16. Give this a try and see Tom inTib's response below.

I went through a similar medical billing situation and luckily had just reviewed a book regarding collection (Nolo Press--they are excellent user-friendly books) so I knew of this. It isn not common knowledge, if it was, an entire nasty industry might not exist.

I've been there and I know how miserable it can be, but you can win.

Good luck, m'friend!

[1monster]

15. So I fire the collections law frim and they sue me anyway?

I just checked them on google and they are a law firm.

http://pview.findlaw.com/view/1758131_1

We provide a broad range of legal services to individuals and business clients throughout Florida.

Our firm is a full service law firm, representing and advising clients in the areas of business & commercial law, collection law, creditor's rights, health & healthcare law, family law, insurance law, business organizations, and litigation & appeals. Our attorneys represent clients in every level of state and federal courts.

[blondeatlast]

19. I think calling a lawyer might be in order now.

It's lots cheaper than coughing up for a debt you shouldn't owe anyway.

But definitely argue with the hospital. They will tend to put procedures on the bill that weren't necessary (sometimes ordered by docs you've never talked to or have never seen you) and they may (often are) willing to write those off.

Steel yourself, it isn't easy, but it can be done.

Good luck.

[Nite Owl]

5. A consultation with a

lawyer is usually at no charge. They would tell you if they could be of help and what it would cost. Sometimes if they do as little as write a letter it gets results. Worth a try. Good luck, dealing with this medical stuff is enough to make you sick!

[Warpy]

6. First, get that itemized bill

Second, go through it with a fine toothed comb. Make sure they're not putting in phantom drugs and treatments and unbundling labs. You will need some help with this; a friend in the biz like a nurse will be invaluable.

Third, demand to know why each item was refused by your insurance company. Demand an accounting of it. Be a pain in the ass about it. If you have to make a consumer complaint to your state attorney general's consumer ombudsman, do it.

Fourth, do be open to offers to settle.

A lawyer might be a good investment at this point. We're not talking chump change here, since your overall expenses are so high and the insurance company has rejected a good 10% of the total. In any case, he can get the collection agency to back the hell off. They can't do anything to you while a bill is being disputed.

Finally, count yourself lucky. People who have made typos on their insurance company applications have found themselves holding policies that were rescinded retroactively as soon as they got seriously ill.

[TomInTib]

8. This is what I did.

Long story short, I did this for an friend who was unable to pay any part of a $35,000 emergency room bill.

Do not contact the collection agency, contact the billing department at the hospital. Tell them you are willing to pay, but that you are on a very tight financial leash.

Ask them what the minimum monthly payment that is required to keep them from fouling up what is already a woeful credit situation.

In my case, Kaiser said they would accept a minimum payment of $50 a month with no interest escalation.

I told them I would gladly send them a check for $50 every month for the next 58 years (but I said it real nice-like).

They called about 2 days later and said they were writing it off as a charity case.

It costs them more than $50 to process a check and they know it.

Good luck.

[Clinton Crusader]

14. WOW!

THAT is a shocker. I sure wish my hospital would view me as a chairty case! I can't imagine how long it's gonna take me to payoff $80,000+! It will outlive me for sure....

[TomInTib]

24. Try doing what I did.

Seriously, they don't want some minimum-amount check slogging thru the system every month.

If they ask for direct debit, tell them you are to poor and your account is too unstable to allow for that.

If I were you, I would give it a shot. It certainly wouldn't hurt to try. I often find it amazing what the System will do to avoid hardship and clutter.

[SheWhoMustBeObeyed]

52. Difficult to believe

that Kaiser wrote it off as charity without any submission for financial aid, or any documentation of your friend's income and assets, or even that they allowed a third party to intercede on your friend's behalf.

Also difficult to believe that the hospital would negotiate with anyone once the account was turned over to collections.

In any case, that's not the way it works in IL, where they are more than willing to hound patients for the balance of their accounts, charity deduction or no.

[TomInTib]

56. It was so easy.

My friend is not only a pauper, but an illegal one at that (Chinese woman with an expired student visa).

She walks my dog and takes care of our house when we are away. And I would do anything for her.

Also, Marin General doesn't want to screw with anyone from our community. We are a very influential, small and wealthy Town and we can (and have) cost someone their job. Con mucho gusto.

Problem is, most people are totally unaware that there are so many available options out there. You just have to know where to look.

Also, it doesn't hurt that my attorney is the former Deputy Attorney General of the State of California, ex District Attorney of the County of Marin, has argued and won several Supreme Court cases and will absolutely bury any adversary in a flood of paperwork and motions that will cost them hundreds of thousands of dollars before they even walk through the courtroom door. It is a blood-lust game with him.

Heck, Belvedere/Tiburon just took on the State of California on a liquor code violation that the State was screwing us on and we won. We sued Mondavi, Gallo, and California in a class-action and won. We had better attorneys and were willing to out-spend them and they knew it.

[SheWhoMustBeObeyed]

58. Yes, everything is easy when you're well-off and connected.

I like O. Henry stories better.

[TomInTib]

62. dupe

[TomInTib]

69. Here's a story you might like

I am not well-off, just connected.

But when I had money, I helped everyone I could.

Maybe that is the reason I no longer have all of that money.

But I do help when I can.

I wish that you would read this:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1678951

Tom

[SheWhoMustBeObeyed]

71. Yes, I already read that one

I had an opinion about it when I read it, but as you can tell from my post count, I keep a lot of my opinions to myself.

It shouldn't make you feel bad that it doesn't make me feel all warm and sunny. It's no reflection at all on your writing ability. It's strictly a matter of taste.

[TomInTib]

73. Writing ability?

It's just an anecdote - I have no writing ability.

That is how I speak.

I don't use a whole lot of extra words because I don't know too many, never having attended a day of school in my life.

[1monster]

72. Boy, do I relate. If we had all the money back that we gave to others

in need (not to mention all the money lost in schemes we entered into to help a friend), I would be sitting pretty and would not have to sweat out these medical bills...

[TomInTib]

74. Then add the twenty years..

I lost to heroin and cocaine.

Heck, we could both retire on that money.

[Hekate]

11. Not getting a lawyer could be much more expensive.People have lost their houses over this.

I'm really sorry -- I heard a program on NPR a couple of years ago that still gives me chills, and right now I feel sick for you.

Try your local Legal Aid for referrals, see if there's someone who specializes in medical cases -- afaik all lawyers specialize now. Find the patient advocate, if there is one.

I can't think of anything you failed to do. I hope some of these other people have better ideas. All I have is my profound sympathy.

Hekate

[LSK]

12. see if this helps you at all

http://www.michaelmoore.com/sicko/what-can-i-do/health-card

[rurallib]

13. And remember Michael Moore said you can use his name

as in "I have contacted Michael Moore about this to use an example of insurance companies ducking their responsibilities."

[1monster]

18. The problem is that I don't think this is a case of the insurance company

ducking it's responsibilities.

From experience, I think the hospital is grossly overcharging.

I am going to call the insurance company now (tried calling the verification rep twice, but no return call yet) to see if they can help me with why the charges were refused.

Thanks everyone.

If you think of anything else, let me know.

[rurallib]

22. Well whoever it is, Moore said use his name if you want.

[blondeatlast]

23. Great idea, actually. Chances are that if they did it to you, they've done it to others.

As much as we despise those RNs that do nothing but sit behind a desk and decide what the insurance co. will and won't pay for, they can be a tremendous ally.

I had one call me and urge me to please see a different doctor because she was concerned with how my doctor pretty much abused her on the phone. I took the advice and ended up with a great doctor who corrected a pretty bad mistake the other doctor had made.

I'm pulling for you.

[Nite Owl]

34. But it is an example of the

broken system we have. If we had single payer and no insurance company involvement, if it weren't for profit this wouldn't have happened.

[radfringe]

call your local bar association

find out if they can provide you with a list of lawyer who would handle this pro-bono

If the hospital is really ready to sue, then you will need a lawyer. If the collection agency is just trying to scare you by telling you the hospital is ready to sue - then you might have a case against the collection agency for threats - and you will need a lawyer.

talk to your pharmacist friend - he may know where you can turn for legal help in this type of case...

meanwhile - there's a primary going on - all the dem candidates are touting one health plan or another - write them all a letter, telling them of your situation and ask if they can help. Worst case scenario - you'll get a letter back from them asking for campaign donations, best case scenario - you might actually get some help.

[Akoto]

20. Get a lawyer. We did the same a few months back.

The entire tenor of the conversation changes once a lawyer begins speaking for you, believe me. As well, ask the lawyer to file a cease and desist. This will arrange it so that, with very few exceptions, the debt collectors and hospital must speak to the lawyer and leave you alone.

[johnfunk]

21. Demand that the COLLECTION LAW FIRM comply with the FDCPA

FDCPA stands for Fair Debt Collection Practices Act

First, demand EVERY piece of paper from them that they are using to support their claim. Give them FIFTEEN DAYS. If (more likely WHEN) they fail to come through, of if the paperwork fails to support their demand 9which it almost surely will), SLAM them with a letter DEMANDING they desist. If, after that, they so much as call you, SUE THEIR ASS under the FDCPA.

The FDCPA is a powerful tool in the hands of a knowledgable consumer.

[1monster]

25. Thank you for the advice.

This is a law firm that is contacting me. The do debt collections and informed me this morning for the first time that they are just waiting for the hospital to sign a form to sue us. He said they had already indicated verbally that they were ready to sue.

Do you know how that affects FDCPA?

[blondeatlast]

27. My advice: proceed as though they are a credit agency

and contact a lawyer, if possible, ASAP; otherwise, file the cease and desist (the link I offered above) ASAP.

Document everything you do and their response. Tape any verbal communication with them (you of course have to inform them that you are).

Do not let the fact that they are a law firm scare you--many aren't really law firms, for one thing (I just went through that as well). Assume they are a collectiona agency only and if at all possible, get legal advice (even a paralegal filing the cease and desist letter can get them to back off).

Be strong. We're pulling for you.

[johnfunk]

28. First, I would not believe a word that they say. Demand documentation!

Second, what is the name of the "law firm?" Betcha dollars to donut holes that they're a collections mill.

[1monster]

39. I googled them. They are a law firm that does do collections.

I was told today that they only keep collections for 30 days before filing a law suit but they have had this since June.

In the past, the reps have told me that they were checking out the situation. One even told me that he wouldn't pay it under the circumstances I outlined.

Then today they told me they are suing.

It smacks of intimidation treatment (which does work), but I'm incensed that they tell me one thing one day and then tell me they are suing a week later.

By the way, I sent a letter within one week of receiving the collections notice that we were disputing the bill until the documentation issue was cleared up. I sent it both regular mail and certified, return receipt, mail. Thye pretened that they didn't get the letter until after I received the return receipt.

[blondeatlast]

49. Don't let that throw you--FRCA up, document, document, document and know that

not only do they need to follow the Federal law, but failing to do so could mean disbarment. Don't be afraid to use that against them--tell them you will. remember what someone else said--you can use Michael Moore's name.

Do so.

they won't be afraid to use all their weapons, dont be afraid to use yours.

Strive to be always polite; they want and expect you to lose your cool.

You can do this. If I did, anyone can.

Regardless of what they say, remember that:

THE LAW IS ON YOUR SIDE, not theirs.

[catmandu57]

26. It's probably just a weasel collection agency

it sounds like they have you scared, don't be. They have methods to scare the bejezus our of people, don't fall for any of their bs, simply send a letter back to them telling them you will only deal with the hospital itself, legally they can contact you once more after the receive the letter from you, but these people are scum, the lowest of the low, related to insurance salesmen and used car hawkers.
Deal with the billing department of the hospital, more than likely they'll settle for a fraction of the bill, they don't want to sue, they don't want your house or possesions, just don't panic.
If you have caller id, don't answer calls from collectors, take a deep breath and go on with your life.
You may want to keep an eye on your credit report if that's important to you, but above all DON'T PANIC.

[Fresh_Start]

29. Don't know about your insurance but if the hospital

was on their approved list for your plan they may have had to agree to provide documentation to the insurance company to gain their place on the approved list.

If so, they may have had a contract with the insurance company which they've apparently violated.
My insurance told me that in no way was I liable because the hospital had failed the terms.
The hospital is unlikely to want to be removed from the approved list.
So talk to your insurance company to see if they had an agreement with the hospital on which the hospital failed to perform so that neither you nor your insurance is on the hook.

[1monster]

41. Thank you. I know that they had no contract with the hospital four years ago,

but I did notice that some of the bills this time said there were discounts in play... I'll have to check with the insurance summaries to see if any of those related to Flagler Hospital or maybe call them back.

Thanks for the suggestion.

[1monster]

43. Just checked. Not on the approved list.

It is the only hopital within forty-five miles and when a person who had a history of cardiovascular disease is having chest pains and pressure and is numb down both arms and has had four nitro tabs in three hours with no relief, the ambulance goes to the nearest hospital.

Especially when that person's cardiologist has privileges there...

[knitter4democracy]

55. There's a reason for that.

Either the insurance dropped them for doing this sort of thing to them and not billing properly, or the hospital (more likely) dropped the insurance company for not paying bills.

Stop dealing with the collections agency. You need to deal with the billing dept. directly. Personally, I would go into their office and park myself there until I got an itemized bill and a real answer on the billing issues for the insurance company.

[1monster]

64. No. I have had this insurance for fifteen years and they have never been

on the list.

Four years ago, I was told by a billing rep that the hospital did not like to do contracts with insurance providers.

For reasons like this, I suppose.

[knitter4democracy]

68. Oh for cripes sake. For-profit hospital?

It sounds like one. What a mess.

Protest outside, anyone? ;)

[1monster]

66. I went to the hospital billing department this afternoon. The link below

is what happened.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1691499&mesg_id=1691499

[sharp_stick]

30. Be Very Careful Dealing with Collectors!

I can't stress that enough.  Their job is to get money, one
way or another.  They don't care about your debt and they
don't care about you no matter what they say.

If you can, you should call a lawyer or at the very least look
for a State or Hospital Ombudsman (maybe a patient advocate). 
I'm sorry if this has been said already I didn't have time to
look through all the replies and wanted to make sure that I
dump my $0.02 in here.

My experience with collection agencies is that they are never
on your side.  They will try to beg plead and yell at you to
dip into your bank account.

Don't start sending them anything until you've had a chance to
get it looked at from a legal standpoint.  Once they get
something from you it's harder for you to fight them getting
more.

Good Luck.

[1monster]

31. Okay, I called my insurance company and they are looking over the

file to find out why the charges were denied.

I called the Hospital and asked to speak with the billing department so that we could some how try to find some common ground here.

I was given voice mail.

I left a message asking them to call me and expressed frustration that no one from the hospital had responded to us in the past and all we were getting now were threats of a law suit.

I'll give them an hour or so and call back.

[fed-up]

37. many laws collection agencies must follow-luckily I knew the law & used SOL successfully nt

[fed-up]

32. two must have NOLO Press books-"Solve Your Money Troubles" and "Credit Repair & Debt"

http://nolopress.com/product.cfm/ObjectID/7152C6CE-5E42-4DD0-A35994FF7FB7B81C/catid/8DA53DB0-172E-4CFD-94C67EF8DD1E31BA/213/208/212/
home » property & money » credit repair & debt
Making and Repaying Debts

Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom


Summary

Everything you need to get out of debt and repair your credit.

Feeling overwhelmed by your debts? If you're ready to regain your financial freedom, this book is exactly what you need! Step by step, Solve Your Money Troubles shows you how to:

prioritize debts
create a budget
negotiate with creditors
stop collector harassment
challenge wage attachments
contend with repossessions
respond to creditor lawsuits
qualify for a mortgage
rebuild credit
To make the process easier, Solve Your Money Troubles also includes sample letters to creditors, as well as worksheets and charts to calculate your debts and expenses and help you create a repayment plan.

The 11th edition now covers the latest bankruptcy laws, the Fair Debt Collection Act and the new credit-scoring system used by some credit bureaus.







http://nolopress.com/resource.cfm/catID/847CCA51-130F-47D1-920751FBD79C7570/213/208/
home » property & money
CREDIT REPAIR & DEBT



Making and Repaying Debts

Cleaning Up Your Credit Report

Dealing With Creditors

Student Loans

Credit and Debit Cards

See All Articles






Privacy Rights

Bankruptcy






Lawyer Directory

Calculator: How long will it take to pay off my credit card?

Checklist: Avoiding Financial Trouble: Ten Tips

Checklist: Helping Your Widowed Parent

Glossary

Nolo Podcasts

Email to a Friend


Personal Finances 101: Overview
Except for those folks who are born accountants, most people find dealing with personal finances a chore. People are loath to manage their finances for all sorts of reasons, including not being comfortable with math, not having time, or even being fearful of finding out that there’s just not enough money in the bank to cover the bills. But having clear knowledge about your finances is a crucial first step in maintaining financial health or making it better.

[blondeatlast]

47. NOLO books are invaluable--every public library should have them.

I can't recommend NOLO more and they cover the gamut of consumer legal advice.

And, they are really fun, nice people, too. Can't beat that!

[northzax]

33. My useless advice

Send the hospital a certified letter demanding (politely, or course) an itemized and annotated bill, accompanied by a copy of the charts concerning your case. If they can't provide you an itemized bill, let them sue you in small claims court, and ask for it then, with all the documentation of your correspondance.

[1monster]

45. small claims court is only up to $1500 isn't it?

[northzax]

50. in DC, at least

it's $5000.

think, however, of their costs for filing a lawsuit without an itemized bill or your medical records to show for it. they will spend at least a thousand dollars on legal fees (the collection agency probably bought the debt from the hospital for pennies on the dollar, or is able to negotiate to a certain amount) but filing the case begins to run up legal costs. No one is going to try to actually pursue a court case against you for a bill they cannot itemize and detail, no lawyer would take that case, especially for a medical case, the risk of having a settlement forced on them is pretty high, and they are out legal fees.

I am not a lawyer, but I have some experience with collectors, and they would rather write the damn thing off, in the end, than sue you for such a small (to them) amount of money, especially if you don't have ready assets to pay them they can take (remember, Florida is a homestead state, they can't take your house) so they take you to court, spend a lot of money, and get a lien against your income where you pay for the next decade, but probably don't get court costs and legal fees attached. They are trying to sue you without any evidence of their services provided, ain't gonna happen.

again, not a lawyer, you should consult one to be sure. Call your local law school, I bet they have a free clinic where you can talk to someone who can tell you exactly what can happen in Florida.

[sandnsea]

35. Go to court yourself

Tell the judge that there is no way any medical bill can be truly legal as we are all coerced due to our medical ailments. When you sign to accept financial responsibility, you truly are signing under duress.

Find out what the insurance company is willing to pay, if it had been billed correctly.

Tell the judge that amount and that the hospital could have settled this months ago.

Tell the judge you think the hospital should lose completely as punishment.

If people who can afford to fight, don't - then where does that leave the rest of us.

[backscatter712]

36. Lawyer up.

Several people have already suggested this - it's a very good idea. Call your state's bar association, ask them to refer you to a lawyer that specializes in fighting debt collectors. He'll be able to do things like send a cease and desist nastygram to make them stop calling you, and instead deal with him. He'll get an itemized bill, pick it apart piece by piece and contest everything that looks fishy, then he'll force the hospital and their collectors to obey the FDCPA, and if they violate it badly enough, the collectors will be owing you money. If all else fails, he'll be enough of a pain in the ass to them that they might just write off your debt and focus on extorting someone else.

Well worth every penny.

[fed-up]

38. he does NOT need a lawyer, law is very clear-sample letters are available online/or in books

here are some websites that may be helpful-some have volunteers posting info, some have debt collectors posting lies, some have many good questions and answers....as with all things on the internet, do your research carefully

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

http://fair-debt-collection.com/

http://forum.freeadvice.com/forumdisplay.php?f=84&page=80&sort=lastpost&order=&pp=15&daysprune=-1

http://creditboards.com/forums/index.php?showtopic=1925&st=0

[backscatter712]

40. Still, you'd be surprised.

A lot of people can get a lot of mileage representing themselves pro se, but you'd be amazed how quickly the motherfuckers will change their tune when they get a nastygram delivered to them by certified mail, return receipt requested, with a lawfirm's letterhead.

It's not just knowing the law, though that gets you places, it's also the politics. That's why they always suggest you do not represent yourself in court, but hire a lawyer - even if you do everything right and cite chapter and verse of the appropriate laws, the judge isn't apt to take you seriously if you don't hire one of the boys who are "in the club."

Just the same, if those collectors start receiving phone calls or certified letters from people "in the club," they're going to take you much more seriously, they'll stop with the intimidation tactics, and probably start bugging your insurance company instead (who'll certainly have their own lawyers who'll tell them to fuck off.)

[fed-up]

42. all it took for me was one sentence on the form-"Statute of Limitations has expired on this debt"

plus asking the clerks nicely if I had all the other boxes filled out properly.


I thenk went to local copy shop, photo-copied, found a friend in line at the post office to sign proof of service with my reply and went back to courthouse to file forms.

The clerk took my papers, went to look up case and came back 10 minutes later telling me my case had been dismissed...:)


Partly because I had called the law firm ahead of time and told them that either I had already paid it or the SOL had passed and that I wanted documention of the debt and payment history. Evidently they researched the debt and found they truley had NO LEGAL authority to pursue collection.

Remember, these debt collectors buy the debts for pennies on the dollar and are happy with any settlement they might get. But beware that you may owe taxes on any part of the debt that is forgiven....

Also know that the SOL restarts anytime an additional payment is made even if it is only $10.

[1monster]

46. Thnak you for the links. From the second sentence in the first link, I

think I see the same situation I'm in now.

And I just clicked on it now.

[fed-up]

48. remember to breath deeply and arm yourself with knowledge-many others have been through this I

just wish that I had had the books when I first started having financial trouble due to illness. I spent many years with very high anxiety on top of other health issues, because I foolishly refinanced to pay off the loan sharks when I probably should have just declared bankruptcy.

I will never, ever own a credit card again.......

good luck and I really, really suggest the nolo press books, you might try your library if you don't want to buy them just now.


you will get lots of advice from people here and elsewhere, but remember each state has its own collection agency laws

the most important thing is to demand they verify the debt without your admitting responsibility and to say nothing or as little as possible to a debt collector-they can and will use it against you-

one way to record them is to get caller ID and to not answer the phone, but to force them to leave a message


remember KNOWLEDGE IS POWER :)

[pansypoo53219]

44. well

when i had supposedly applied for milwaukee's current indigent SOCIALISTIC med coverage. the hosp has sent to a collection agency. i said i would take this issue to my senator's and congresscritter and can't get blood out of a stone. blah blah blah and i never heard from them again. so, i say go hardball. and stop harassing somebody who is ill!
don't pay.

[AnotherGreenWorld]

51. Here's an idea:

With a bill such as yours, it seems likely that you have a serious health condition. So why not, when you're seeing all the doctors you see, take a medical malpractice lawyer along with you, because, as common as medical practice is, you're going to be on the receiving end of it at some point, you might as well get a big settlement out of it, from which you can pay this bill.

[lonestarnot]

53. This is not legal advise, but did you ask for verification of the debt?

Then dispute the debt? "The law firm rep has said that he will request that the hospital send me an itemized copy of the hospital bill, but that would be up to the hospital to decide. (We have never received an itemized copy of the bill." They have not verified the debt for you!

[1monster]

61. I did dispute the debt before it went to the collections law firm asking them

to provide documentation. They ignored that letter and the letter sent to the collections law firm reiterating that documentation was needed. (The hospital was sent a copy of this letter.)

Check out this post. It is what happened this afternoon when I tried to work with the hospital.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1691499&mesg_id=1691499

[lonestarnot]

70. I do know that in AZ, a verification must be provided by the collection

attorney before any futher processing or the case could have problems. (not legal advise) Don't ask the hospital that holds the debt, ask the collection attorney that will process the law suit for judgment.

[Critters2]

54. Is it a for profit or not for profit hospital?

A not for profit dealing this harshly is putting its nfp status at risk. A hospital near here did this kind of thing--and worse--and lost its nfp status with the state. Suddenly, they owed millions in property taxes. The next year, they set up a charity fund and hired someone to negotiate with debtors.

[1monster]

59. Not for profit hospital that gets some public funding so is required by law

to treat regardless of ability to pay.

[Critters2]

63. Alert your state's Attorney General's office

to what's going on. They will almost certainly not do anything for you, per se, but they keep records of such complaints. If they get enough, they'll start investigating whether the hospital should be tax exempt. You might let the hospital know you've contacted the AG, too.

[depakid]

57. Might want to check your credit rating

because it's probably been affected by this situation.

[1monster]

60. Our credit rating was 750 about five or six years ago. Now it is so low I

don't even want to look at it.

I'm not buying on credit, if I can help it in anyway, ever again after I'm paid off of the credit account I have now.

[fed-up]

67. same here, mine WAS in the 750's then I got sick and then they kept mailing me checks...nt