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CreditChris

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Everything posted by CreditChris

  1. We have asked for a detail bill and have not been given one. The problem I am facing is the hospital is saying one thing and the insurance agent is saying something else. I could bring the insurance agency in as a cross-claim but I had a neighbor do that and got nailed for the judgment and the insurance company never showed. What I was hoping for is any good location on fed laws / regs I can use or even a starting point on what I should be looking for.
  2. The hospital is suing for unpaid medical bills from my wife. I have insurance that should have covered the bill. After looking at the hospital's bill, and speaking with insurance carrier, I am positive they are billing more then allowed. The insurance pays the allowed charges and the hospital recovers the unpaid overcharges. I was hoping someone knows where I can find more information on the following topics: Contracts hospitals sign with insurance carriers Insureds liability when insurance company does not pay Federal laws / regs for health insurance Has anyone else faced lawsuits for erroneous hospital charges? Thanks in advance.
  3. Verbally asking is not binding where subpoenas have consequences if not responded too. If the OC does not submit evidance as to why you owe the money then your attorney should tear them a new one.
  4. If I remember correctly there is a FTC ruling/ Opinion letter or federal guideline that stipulates when an account become delinquent. I think it is 180 days after the last payment was received. Would it not be perjury to submit a pleading knowing there are false statements in it? Could you not ask the court for sanctions in the form of dismissing the case with prejudice and cost of defense or other bad things?
  5. I would not do anything that would make an appearance that you are hiding your assets. I would look into Homestead Exemption that VA provides. The statue is located at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+34-4 and some good info is at http://www.assetprotectionbook.com/virginia.htm. I have never personally used it but from what I understand it provides an exemption from creditors up to $5,000 per person. Property held by your spouse or both of you jointly is exempt from recovery. I can't remember the VA code. The exclusion to this rule is any debt that is necessary to maintian your lifestyle. Example ER visits, food, and ect. Just to warn you there are cases all over the place about what is a necessary debt and what is not. If you are searching for it look for stuff ref tenancy by the entirety. Good luck and happy hunting.
  6. Small claims, district, mag court might not be the right place for your FDCPA violations unless you are attaching them as a counterclaim. These guys/girls see 500-800 cases per week and are only interested in how fast they can process your case to a conclusion. This is the reason people get so much flack when they point out technicalities and procedural violations. From my state, VA, they give great leniency to the general district judges to either apply or not apply the rules on evidence. Their mandate is to dispense with justice to the masses in the most expedient manner possible. These judges personally know the attorneys that are showing up and in some cases have special time slots set aside to deal with their cases. So unless you know they will not show up or you using it as a test case before going to circuit court I would suggest starting in either circuit court or federal court. If you are stuck in small claims court, ect., then I would suggest spending some time finding out the procedures for that court. I had one case where I used the system to force a CA attorney group to spend hours digging up evidence and responding to motions that they only netted about $175 when we finally settled. The great part was when another of their clients tried to use them they refused and the client is trying to go it alone. Just my 2 cents worth from my experience.
  7. If that is the case then I would make a motion to change venue. If you look on the front side of the warrant in debt it will tell you how to make the motion. In the motion she will need to show she is outside the district, it is a burden to get there, and that based on the FDCPA they need to file in the correct venue. It will need to be filed quickly to allow the judge time to make a ruling. If the judge accepts the motion then she might have a violation of the FDCPA. I will leave it to more learned mind to go over that part. Other really good links I have found is the employee section of the GD court website here. On the right side is the link for the clerk of court manual and the judge s benchbook. These are full of great information on how to get things done in VA's GD system. Good luck
  8. I assume they live in VA or are being sued in VA... Does she live in the same jurisdicitional disctrict? You can find the map here.
  9. Hesitation? I almost lost the house I just purchased because of these jerks. Should I wait till the end of the 30 days to see if they send anything? I have already tape recorded the voicemail with the system reading the callerid info for the message. What other evidence should I gather? I want to make this as painful for them as possible.
  10. After doing some digging it appears that the lawfirm representing ACS is in the same location as ACS. I called them numer that was listed on my CLID and asked the receptionist for the fax number of the attorney. It is the same as ACS's fax number listed on thier website. Any thoughts on how I should continue?
  11. I sent the standard DV to ACS (Attorney Collection Services) via UPS. In the DV it clealy states not to contact me unless it is in writing USPS. They received the package today. Today I get a voicemail on my cellphone from a paralegal with a lawfirm represeting ACS asking for a fax number. Is this a violation? Do I need to DV them as well? Thanks
  12. I used discovery to ask for an itemized bill and they sent me one. I made a issue with the fact that my check does not show up on the bill. There statement was the balance forward amount which has the identical amount was the check. I countclaimed and said that argument did not hold water. In their response to counterclaim they introduced another itemized bill that lists the check by the check numbe being applied to my account. The response to the error was "we wanted to show something more simple".
  13. 1. Who is suing you? Attorney for medical provider on unpaid bill 2. For how much? 303.85 + 101.27 in attorney fees 7. Where do you live? Virginia 8. When is the last time you paid on this account? 6/29/05 9. What is the status of your case? Set for trial on 6/19/06 ================= Medical Provider sued on 4/12. Went to court on 5/9 and the trial was set for 6/19. Issued subpoea duces tecum on 5/12 with a return date of 5/26 for the following; 1. An itemized statement including all charges and payments relating to the defendant’s account(s). 2. Contracts, agreements, and consent forms bearing the signature of the defendant. 3. Letter(s) sent to defendant by CA attorney, demonstrating an attempt to collect on the alleged debt. 4. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to defendant’s account(s). 5. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt. Received the response post marked 5/30 that included an itemized bill and other items. Today I filed a counterclaim with the check they did credit my account for and other incorrect billed amounts. After faxing the counterclaim to the attorney I get a hand delivered envelope with an answer to counterclaim. In the answer the attorney references an exhibit “Transaction by Patient” that was never included in the response to the subpoea duces tecum. I want to file a motion to exclude this evidence. I was wondering if anyone has been down this road before? Thanks!
  14. What you can't go to court and :'> at them like on tv!
  15. Website: http://www.attorneycollect.com/ What scumbags. Look at the first page!
  16. It is now on my reort. The courts have record of the lawsuit but no longer have the files. They trash them after six years. I belive NV SOL for judgements is six years which has expired last year.
  17. I am keeping everything documented for a lawsuit. The issue that really ticks me off is I am closing on a house this month and this is a reall issue.
  18. The are saying I owe them $50,000 + on a judgement in Neveda. I spoke with the court there and they no longer have any info about the judgement. I am DVing them today and disputing the TL. Just wondering if anyone has heard of them. I spoke with a guy a week ago and they are very nasty. Isn't the SOL for judgements in Neveda six years?
  19. Has anyone delt with Attorney Collection Service (ACS) out of CA before?
  20. If you agree to repay the amount make sure it includes a motion to vacate the judgement, dismiss the lawsuit with prejudice, or equiv. That way you can get it off your credit report. If it is not in writing then it does not exist. What ever you do... DO NOT miss a payment. I know a guy that went through a similar process. It was not painfull untill he missed a payment. He still misses the stuff they auctioned.
  21. Here is the Self Help website for the CO courts. The courts run the site so you will find a wealth of info here. Do you know which type of court they filed in? District, County, or Small Claims? Admni and Gibson are right you need to fight this with everything you got. This is not personal it is business. Make NCO work for the money. Read up on the court procedures and read up on the rules of evidence. I have read a great deal on this site but I feel the rules of evidence are not pressed enough. For example in VA if they try to admit an agreement or bill of particulars as evidence without someone from Cross Country Bank vouching for them then it is hearsay. The premise behind the argument is that you can not cross-examine the custodian about the authenticity of the document. Another favorite of mine is affidavits. In VA, normally, you can not enter an affidavit as evidence without the original signer there. Usually affidavits and depositions are used to impeach a witness on cross or help refresh someone’s recollection on direct. The premise is that you can not cross-examine the affidavit. I hope this helps get your juices flowing and prepares you for the ensuing battle. ============================= Knowledge is power and power is everything
  22. If they have introduced the contract as evidence you may have to deal with that issue now. If you wait to long you may waive your right to object to the agreement all together.
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