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Found 10 results

  1. Currently working on my answer to a summons and compliant I received for $7,500 and had a few questions before turning it in Monday. First, I was curious if it was bad to deny all the paragraphs in the complaint? Or if I should Agree with paragraphs like my address and county that are correct? Secondly, is there anything specific I should make sure to include or to not include in my answer that typically gets missed that could affect my case down the road? Such as specific defenses or counterclaims? Thirdly, am I able to post a picture of my answer for comments and thoughts? Obviously with sensitive information blacked out. Sorry if this is bare-bones I wasn't sure exactly what to share, just very anxious about submitting my answer. Thank you for any and all help and advice!
  2. Hi all, I received a Summons and Compliant on March 6th. I was properly served and it is within the statute of limitations. I am currently prepping my answer and affirmative defenses for submission to the court, and service to the plaintiff's attorney. My story: At the time of treatment by this medical provider, January 2016, I had to see this provider as my secondary insurance from a car accident settlement required me to go there as a condition of continuing to pay for my treatment. It is a neurologist and I have on-going migraines and neck issues from a car accident. My bills are submitted through my primary insurance and then the secondary pays the remaining bill. I went to see this neurologist and provided my insurance information and secondary insurance. I went to an appointment and they advised me that I had an outstanding balance. I once again provided the insurance information. I believed everything was good to go as I never received anything in the mail and I went back to seeing my selected neurologist and not the one that I was required to be evaluated by, per the secondary insurance company. In 2019 my father received a bill at his home and brought it to me. I immediately contacted the neurologist office and let them know that they did not have the correct address. I also advised that the insurance should have been billed and I would not have any out of pocket monies due. I found out at this time that they had been attempting to bill the incorrect primary insurance. Due to the length of time from the original evaluation, my primary insurance had changed and could no longer accept claims as it was over a year. When I spoke to whomever answered the phone at the neurologist office, they told me that they would not bill the secondary insurance again as it was denied. I explained to the person that they used the incorrect insurance, had the wrong address, never updated any of the information as requested, and I wanted to get this taken care of now that I knew that it was still outstanding. The person on the phone ended up hanging up on me after we went back and forth. I received a letter from the plaintiff's attorney in December or January of 2021. I sent a certified letter explaining everything above and received back an internal account inquiry from the neurologists office that lists me as "self-pay", still has the incorrect address, and shows that they attempted to bill an insurance company that I did not have at the time of my evaluation. The response letter from the attorney had a phone number and stated to call to discuss a payment arrangement. I called the attorney the same day and left a voicemail message that I would like it to be paid via my secondary insurance that required me to go to that office. I asked that the neurologists office please submit the bill to them as they are required to pay any bills that are not covered by my primary insurance. I never received any response, or return phone call. I received the summons and complaint. The items in the complaint are as follows- 1. City that I live in. It is correct and I will agree. 2. Plaintiff, at the express or implied request of Defendant sold and delivered certain reasonable, and necessary medical and/or psychology merchandise and/or services to or for Defendant, and/or his/her minor child, for the dates of service identified on the attached invoice.- The invoice that was attached had no information and had zero balance. I am going to upload a redacted copy here.- I am going to deny, but need advise as to how to word my answer. 3. As a result Defendant is indebted to Plaintiff, on open account, a copy being attached in the principal amount of $475- I will deny 4. Defendant has failed or neglected, despite demand, to pay the amount due- I will deny Plaintiff requests judgement against the Defendant in the amount of $475 plus interest to the date of judgement, costs, and attorney fees. If anyone can offer any help with my answers/affirmative defense, I would greatly appreciate any advice and help
  3. Confused on how to proceed. SOL expires before 2nd pre-trial. Being sued for an old medical debt from June 2013. At the 1st pre-trial conference they provided me with all the correct validation: Charges inquiry, Signed treatment agreement and assignment of debt. Told me to verify it for accuracy and they would schedule a 2nd pre-trial. Principle balance is $2009 plus interest and court costs the total is $3550. They offered to let me settle the debt by just paying the principle balance and waive all other costs. Is that a good deal or should I settle for less? Does it matter that now the SOL has expired? Not sure what to offer. Thank you in advance.
  4. Not sure what the correct group to post this is because it could go anywhere.... I'll apologize in advance for being overly wordy(i ramble lol). Ok, So here's the details: I'm 31 years old, had great credit in my early 20s, then got involved with substance abuse - long story short got addicted to pain medication thanks to an injury as a result from an accident and ended up being a straight up "junkie" - vehicle ended up repod, got divorced, racked up some CC debts, various cable bills/cell phone plans, a major hospital bill, and other debts, and basically skipped out on all of em for years. The Happy ending to my story is I'm almost 3 years clean, Have a good job now, Have a car which I've made on time payments on for just under a year, checking account/savings account, and have started the very long process of trying to dig my way out of the hole I've dug by trying to pay off some of my debts by negotiating settlements with CAs and paying lump sums(best deal I've managed to negotiate so far is $287 of a $787 debt). The bad part is that while I've [aid off a few things I'm still ridiculously deep in debt(If I include student loans which I know I'm never going to be able to ditchI'm probably $40k+ in debt, without student loans It's probably 18-20k). My credit score sucks ****(score is 561 according to experian). The majority of my debt's last date of any pmt was 2011-2012(I think I have 2 cell plans going into collections in 2013/14). I don't want to spend 7 more years dealing with no ability to qualify for a Credit card or get an apartment if I declare bankruptcy(although ironically while my credit history with virtually every other service became toxic, as far as apartment rental history goes I have almost 7 years of good standing/lease fulfilled in that regard) nor do I want to suddenly force the burden of repaying my student loans(have both private and federal ones) onto my parents who co-signed them. From what I've been reading the Debt consolidation services out there seem to not actually help my credit score(although it can't get much worse). I've been offered a secured card through a couple of the companies who I have settled debts with as well as USAA, and I'm thinking about opening up at least one with the hopes that They might help rebuild my score(Idk for sure about the CA settlement one, but I know the USAA one stated if I kept a good pymt history they would eventually change the card into and unsecured one, and whatever amount I initially put up would be put into a CD so I'd receive interest during the 2 years it was my "collateral" for the card. My question is what should I do to resuscitate my credit score? Should I go /w the secured cards to open up additional positive lines of credit, or will they end up not doing anything? Continue trying to contact the various CA's that have contacted me(plenty of the debts I haven't heard a peep from in years but just show up on my CR) and keep trying to negotiating settlements myself and paying them off, or go through one of the Debt consolidators? Just wait everything out for another 3 years and accept that I won't be able to get an apartment by myself? Or do I go /w the nuclear option and hit the bankruptcy button? If y'all need to move this topic somewhere else that's fine, I wasn't really sure where it fit best, but figured since I'm focusing on repairing my credit worthiness this thread might be best. Thanks in advance to anyone who can help! Just to summarize: Current Age:31 Current state of residence: TX Debts:40k+(16-20k student loans, 18-20k credit cards/medical/other) Credit score(561) Employed full time, has checking account, savings, Direct deposit, active vehicle loan /insurance /w current pmt history
  5. Hello & HELP!, I work for a medical provider and I am assisting a patient who is being harassed by a collection agency and her insurance company. Here is the breakdown: Patient had surgery in California but the Patient lives in Michigan and her Insurance company's coverage is out of Michigan. Our patient was seen and services were rendered in June 2011. We are a medical facility out of California and the patient lives and has insurance coverage out of Michigan. Our surgical center submitted an out of network claim correctly. Shortly after submitting the claim the Insurance carrier paid out the out of network claim directly to the patient for $42k who in turn forwarded the check to our office July 2011. The patient was then contacted about 3-6 months later demanding a $21k refund from the patient due to an error from the insurance carrier. In 2012 our office attempted to contact the insurance company and request necessary documents so we can look at the validity of the refund request in order to consider the refund. Months went by and the insurance carrier could not/did not provide our office with the necessary information. We fast forward to 2015 after years went by and the patient was contacted by a collection agency demanding payment. *** I am working with the patient to resole this debt. I have been researching Michigan statute laws and looking for some kind of defense or angle. I have been in contact with the collector and have sent certified mail a written debt validation request. "which they did not respond" so I then had the patient send her own request to validate the debt demanding 30 days from 2/26/16 to respond. I did note that we can try to use California collection laws due to the services were rendered in California. QUESTION: Can we apply the Borrowing statute law or does Michigan have a borrowing statute law that can help the patient by making the insurance carrier or collection agency adhere to California statutes/collection laws due to the services were originally rendered in California even though the insurance carrier is out of Michigan? Is there any other defenses or approach we can take?
  6. I was treated in the emergency room without insurance but received HCAP, basically charity forgiveness. when youre broke but not broke enough for medicaid. It took the hospital over 90 days to approve the "coverage" so the attending physician services billed me. I made them aware I was applying for the HCAP and waiting for approval. the day i received my HCAP approval I got my first collection agency letter. of course they refused to even listen to what I was saying and the physicians group wouldnt even review the HCAP letter despite the hospital showing a zero balance. I understand individual drs can bill separately, they just never even attempted to receive payment under the HCAP before collections. I sent a letter to the agency listed as having the account for debt validation and the letter was returned as attempted-not known- unable to forward. Yelp shows the business as closed and this is the only agency showing ownership of the account on my CR. Any suggestions on what to do next? Not familiar with medical debt, any help is greatly appreciated
  7. Hi, Last summer, I went to the ER and was billed for three services - the ER facility fee, the ER doctor's fee, and the fee for the CT scan I received. My insurance paid the ER facility and ER doctor's fees, but did not pay for the CT scan. My insurance company covers almost everything, and they've never denied a claim before - they're stating that they have never even received the claim for the CT scan, and therefore certainly didn't deny it. I discovered this after it was posted to my CR by a JDB. I contacted the JDB, and they agreed to remove it for 60 days but would place it back on my CR if the bill was not paid by that point. The JDB also stated that they would contact the radiology firm and ask them to *correctly* bill it to my insurance company. I've asked the JDB to send me a copy of the bill so I can attempt to send it to my insurance company to have it rebilled, but they've not sent one to me. The issue is, I'm certain that the radiology firm incorrectly billed my insurance company, and they essentially refuse to rebill them or give me a copy of my statement so that I could have the opportunity to either pay it or send it to my insurance company for reconsideration. I've asked the JDB and the radiology firm (had to email them as they don't have a public phone number) to resubmit the bill to my insurance, but they're both essentially playing dumb and saying that it was declined by my insurance - which again, even if was declined, there's no reason why they can't resubmit it - they're really making it difficult for me and I'm not sure what to do at this point. It's the only negative thing on my CR and I'm really upset about it as all it would take was a simple rebilling to get this situation resolved. Advice?
  8. Hello all, I had medications on May 2014 and it was supposed to be covered by workers compensation as sprained my ankle at work. I also had my personal health insurance on file. After receiving medications, i had to move out from the address (was in that address until August 2014 - not received a single bill or notification about anything). On April 24 2015, i ran a credit report check and found that there is a collection account for an $xxx amount which was initially reported in Feb 2015. So i called in the CA to get the break-up of the bill & they said the medical debt has been assigned to them from the OC and they don't have any bills or statements. So i called in the OC and they were aware of what happened, saying that the bills returned to them saying undeliverable and that's the reason they turned it to CA after 6 months. I told, the workers comp insurer should have paid, apparently i did not know any of these cuz i changed the address and the claim results, bills were all sent to my old address. Anyways, i called the respective accounting/billing person of the OC, questioned her if the debt has been assigned or sold to CA, she said assigned, then explained what happened and willing to resolve it sooner by paying the debt in full & in-turn want the collection listing on my credit report to be removed. She accepted immediately and said "i will inform the CA to put a hold onto this account and will tell them not to call or disturb you on this." I said, ty, please send the agreement to me in mail and gave her my current address and i can . She told, "it won't be like an agreement or sorta like that". I was like, but i want the listing to be removed, anyways, mail me the document first then. *What kind of document should i expect.? like an agreement or contract or just a document.? *should i call her and record the conversation (informing her prior). I live in KS state by the way. Not sure if i can and will it work? *I will update the document once i receive it from them. Nothing has been finalized in writing, guide me if you have a better way, please put in your inputs which will be really effective for me to handle this situation. Thank you all for your time.
  9. So approximately 4 months ago I received a notice from a debt collection agency that I owed $4700 to them. I called them the next day and requested a list of what exactly the fee was for, they told me who it was from (a hospital but I already guessed that) and said they would get the detailed report out to me ASAP. I never got the list. Fast forward four months and my phone starts ringing at least twice a week while I'm at work even though I told them specifically what time not to call. I attempted to return their call the first time I got put on hold for 20 minutes and ended up hanging up, I attempted to call a few days later and got sent to my "agents" voicemail. I left him a voicemail repeating that I would not consent to pay until I saw the list of what I was being charged for. Shortly after I get a letter from them at my new address saying I had been avoiding their attempts to collect the debt and if I didn't pay by the 10th of this month they would get a lawyer involved. My questions: is this legal? and is there anything else I can do? I cannot afford the $4700 right now, but should I set up a payment plan with this company?
  10. Hello, I have approx 3k in original medical debt from June of 2009. My question is - has the SOL exceeded on this debt? Quick back story: in 2009 I was unemployed, on Cobra. I had a major heart diagnostic scheduled for a Friday, fell ill with flu on a Thursday and the doctor said we should wait until the following week. He was not able to reschedule the test until the next Thursday. Learned shortly after that that my Cobra had ended Sunday night at midnight. It was not due to cancel out until the end of the month. I was seen on the 11th. Tried to work it out - no go with the medical group or Cobra. Left California in July of 2009. Now live in Kentucky. Recently began working on my credit. Of course, all of the charges from this debt/group are on there. I recently did a debt validation to the CA for all the invoices and today received them back. Their response to the validation also includes a demand for full payment and the letter states that all information obtained will be used for for the collection of the debt. I am confused about the actual amounts. One invoice lists the charges - then it shows a "Blue Cross Adjustment" in the payments/adjustment column - however when the debt was transfered to the CA, the full original amount billed by the hospital and doctors is what transferred for collection. Why would the insurance adjustment be removed? I am sharing this detail because I am unsure of how I can ascertain and verify the actual amount owed because their statement doesn't make sense to me. I wonder if anyone here has experience with this aspect of validation. Do I write another letter asking for further detail on the charges and adjustments? Before I do anything, I wanted to get help clarifying whether or not the SOL is exceeded. I appreciate any guidance you can provide. Thank you.
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