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mamabear's Achievements

Advanced Member

Advanced Member (3/6)



  1. Send BOP. I did on my account stated only cases. The more paperwork for them, the better. The worse that can happen is no response or an objection, to which you can follow up or start Discovery. Send BOP with a POS to plaintiff's attorney. File your answer with the court within the 30 days of being served. I used a general denial on all of my cases.
  2. Congrats on your win! Good news for those of us just beginning!
  3. They are about a month behind in processing answers. I filed my answer on 5/14/14 and it was just processed this past Thursday. They update the website only once a week on Fridays around 5:00 pm. Once your answer is processed it will appear online that day. Make sure you subscribe to your case to get automatic updates.
  4. I'm off to a good start because of all the good people here! I have to say that @Anon Amos has been a tremendous help answering my countless pm's. He is a godsend really. I am trying so hard to get them on a violation, especially with how they are coming after me. They haven't sent me any discovery yet but I am waiting. The court still hasn't processed my answers because they are over 30 days behind. That might be why no discovery yet? The attorneys have a copy of it anyway. The one big plus for me is I am able to send out CMRRR directly from work. Everything I need is in our mail room. It makes this whole ordeal more convenient for sure!! I hate that the 3rd case is account stated only. It makes it a bit different from the other two but I don't think I should have to change much of anything between cases, The first two are identical so I just have to change the case #s on everything I've done so far.
  5. You need to contact the insurance company so you can get more information about the contract with the provider. Depending on the size of the company there should be a providers relations department that will assist you. If he was really contracted at the time of service and he did not bill the insurance, this is what will protect you in court. Unless of course your insurance company is exempt from federal CMS guidelines which would be very surprising.
  6. Have you looked over any contracts between a provider and an insurance company? The providers are required to submit to the insurance per their contract. A non-par provider is not required to do so, however, due to no contract with the insurance company. These contracts are in place to protect the patient. The CMS guidelines are very strict for what a participating provider must adhere to. Also, every insurance company has different filing limits for claims. My company for example is 12 months. Blue Shield also has a 12 month timely filing guidelines. This is still not the fault of the patient. If the provider files a claim outside of timely filing without accepted proof, they cannot balance bill the patient. Those patient financial agreements are for provider offices to cover themselves in the event the claim is denied no fault of their own. For instance when a patient self refers to a specialist when a referral is required. That claim will be denied as patient responsibility for patient not following their insurance guidelines. Do you know how many providers do not know how to properly bill a claim? Insurance can be and is very foreign to those who do not work in the field, let alone the providers themselves who are even more confused. The same as JDB lawsuits and this part of the world is very foreign and confusing to those who have never experienced it before.
  7. Latest update.. I was served on the 3rd lawsuit by PRA on Sunday. It is same JDB and OC as the other two. The 3rd suit is being handled in house and it is account stated only, which is so annoying, but I sent off BOP today anyway. Yesterday PRA sent me a letter that they are intending to file a 4th suit on a different account after 6/9/14. So, just a few more days I guess till my 4th suit filed by PRA. I guess they really like me! I did receive PRA's response to my BOP on the first 2 suits last week. I feel it is a sufficient response even though there is some questionable information in it. I will be asking for more information in Discovery now. I am very overwhelmed right now, I have gone from 2 suits filed at the same time, to now 3 lawsuits in a very short amount of time and immediately facing a 4th suit. I know they are trying to intimidate me and it is working. They have started calling my work again after I verbally told them on 4/17/14 not to call my work line at all as I cannot have any personal calls. I never sent this is writing so I screwed myself on this one. I am now getting this sent out in writing tomorrow telling PRA to stop calling my work. PRA also sent a dunning letter a couple days ago on a new account they just bought in May 2014. This one is covered under the new California law sb 233 FDCPA, so I will be sending a DV letter based on this new law. I just really started reading about it, but it has confused me a little with the other suits I already have going on. I guess I am just too overwhelmed right now and I hope this posting made sense. I am so thankful for all the people on this board and everything I have learned thus far. It is just feeling like too much right now.
  8. ***IF the provider was contracted with both at the time of service, he is obligated to submit the claim to your insurance and cannot balance bill you. Non-par provider services being covered by insurance and services rendered by a contracted provider are completely different though so you have to be sure on this. *** ***If you aren't filing for BK, you need to do some foot work and contact the insurance and medicare regarding the claim he did submit and get copies of ALL EOBs (explanation of benefits).*** Contact the insurance, both of them, and file a grievance with them. They should also help with going forward if the provider was indeed participating at the time of the services.
  9. Was your husband covered under private medical insurance at the time of the medical care? What type of insurance was/is it? HMO/PPO? Do you know if the provider was contracted with the medical insurance at the time the services were rendered?
  10. Here is the BOP you can use. The Request for Production of docs from astmedic's thread comes later in Discovery. Seadragon copy of Calawyers famous Bill of Particulars-1.doc Do not file BOP with the court, but do keep the original and original POS for the BOP.
  11. Do a search for seadragon's famous copy of calawyer's Bill of Particulars. Its so easy and send it off before you file your answer with court.Your filing fee should be $225 if its just one case, unless you qualify for a fee waiver or fee reduction. Here is a step by step guide for putting your answer together: http://www.saclaw.org/pages/copy-assemble-ans.aspx I've got 2 cases currently in Sacramento with same JDB and attorney's. PRA has also filed a 3rd case that I haven't been served on. The Sacramento court house is roughly 30 days behind on processing answers. File a fee waiver with your paperwork if you can't pay the fee on the day you file. Even if you don't qualify for the fee waiver, it'll help buy some time if you need it to come up with the fee. Good luck! Start studying astmedic's, homelessincalifornia's, and 1111girl's threads to start. They are in California too and very informative along with several others!
  12. As soon as I'm served on the new case, I'm sending BOP. Ugh now it just sucks waiting. At least I know ahead of time I guess. Good for you on fighting your traffic ticket! They are so expensive now. I'm almost finished paying off a red light ticket.
  13. I asked for the monthly payments from the FW001. My family of two income is a few times over the allotted amount for a family of two. I also filed a financial hardship on form MC-025. The court wouldn't work with me on filing fees when I was trying to file for child support a few years back. I'm really not expecting them to work with me now. I don't know of my water heater would qualify as an additional hardship, I would think it should. It started leaking after I filed my forms though, of course, like the very next day!
  14. Yeah, unfortunately it is stamped by the court. I pulled up the case online on the court website and got all the documents. I'm just waiting to be served now. I make too much money over their income guidelines. I don't understand how they expect people to live. I did apply for a fee waiver asking for monthly payments. I'm praying for it to go through. I need that money to buy a new water heater now. Sucks. And then soon another $225. Dang, that's what $675 in court fees for the 3 cases. Well, I'm on the wrong side of karma right now.
  15. The third case is a bit different than the other two cases. This one has no outside attorney listed, only several attorneys listed for an address at PRA in Norfolk, VA. It's common counts and the other box is checked: BEFORE COMt\/IENCEMENT OF THIS ACTION, PLAINTIFF INFORMED THE DEFENDANT(S) IN WRITING IT INTENDED TO FILE THIS ACTION AND THAT THIS ACTION WOULD RESULT IN A JUDGMENT AGAINST DEFENDANT(S) THAT WOULD INCLUDE, IF APPLICABLE, COURT COSTS AND NECESSARY DISBURSEMENTS ALLOWED BY CCP SECTION 1033((2). And then another notice under damages advising of whom I am to send letters, payments, etc. The damages are $3k and they have included Mamabear and DOES 1 to 25 for defendants. The charges are account stated only so I guess I can't send a BOP on this one, correct? Or I could but they will say the BOP doesn't apply to account stated only. Paragraph CC-4 other is checked: $3K which is the fixed and agreed amount due and unpaid despite Plaintiff and its assignor's demand for payment. The account was purchased from the original creditor GE CAPITAL RETAIL BANK / GENERAL ELECTRIC CAPITAL CORP / BIG SANDYS SUPERSTORE. Plaintiff is the assignee of the account. They included a Declaration of Venue which almost looks like a verification too: I, the undersigned, declare as follows: 1. I am an attorney at law duly admitted to practice law before all courts in the State of California, and I am an attorney for PORTFOLIO RECOVERY ASSOCIATES, LLC (hereinafter "PLAINTIFF"). In that capacity, I am personally familiar with the facts set forth in tliis declaration. If called as a witness, I could and would testify under oath to the following. 2. The Defendant(s), or some of them, reside in the above-cited Judicial District at the start of this action. The address which qualifies this case for filing in the above-designated district is: Mamabear's address......... 3. The obligation sued upon is not commercial in nature and is not subject to the provisions of Civil Code §2984.4 nor Civil Code §1812.10. 4. The undersigned declares that the above-entitled matter is filed for proceedings in the Sacramento District of the Superior Court pursuant to CCP §395(. I declare under penalty of perjury, under the laws ofthe State of California, that the foregoing is true and correct. Executed on March 17, 2014 at Sonoma/Los Angeles/San Bernardino/San Diego, California. And they asked for reduced filing fees. How nice. And the OC is almost the same too except this one includes big sandy's superstore in the name. Weird. I am getting my Bill of Particulars together for this new case. Unless anyone advises that I shouldn't bother sending one on this case? If the declaration of venue is strictly just that, then I think I will file a general denial on this one as well. 30 days after I am served of course.
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