~Reasons for this lawyers questions?

[copperarab]

Hi all..I had posted a few weeks back about my daughter being sued by a local collection co. for medical bills from 2 years ago.

You all helped me out (esp. YOU CHASE!!) and I could use some opinions on the latest event related to the suit.

My daughter finally got around to running down to the courthouse yesterday to have them date stamp all the papers (summons answer) and file their copies...The clerk told my daughter that one of the lawyers for the plaintiff was standing right there in the courthouse at another counter and that it would save her having to run and hand deliver their copies at the office. My daughter gave this lawyer his copies and turned to leave. He started asking her questions after scanning the ANSWER such as: Were you emancipated during this one billing? (she was 17 yrs old, pregnant, and on state assistance during one of the claims) and then asked if she had been living with her parents or on her own.

What are the reasoning for these questions? Is it to figure out WHO to stick the bills with?

She didnt know what emancipated meant and told this lawyer that 'yes' she had been.

She was actually living with me during the one hospital billing when she was still 17. My husband insurance covered MOST of the pregnancy bills, but there was always amounts left over that insurance wouldnt pay (she was also on Medicaid but didnt use it)

Is this lawyer going to push harder now that he thinks she was on her own at 17? WIll he remember it when it comes time for court?

I wish she hadnt spoken to him at all...

Thanks guys and gals!!

[DocDon]

You're not under oath when speaking to an attorney in a hallway, so no, it won't stand.

The reason for the questions was simple - it makes the attorney's job easier - kinda like a detective asking a suspect questions before their legal counsel arrives.

[copperarab]

LOL!!! OKAY DOC color me blond...but DID her answers make his job easier?

In other words, is it easier for him to win the case and/or NOT to dismiss it because she claimed to be emancipated?

I thought for one to be emancipated legally before the age of 18 one had to go in front of a judge OR be a parent already? Am i right or is my blond highlites affecting my thinking?

[DocDon]

LOL

He thought he'd save himself some paperwork by asking her questions in the hallway.

Bottom line, she could have told the attorney she was heir to a billion dollar fortune after her parent's plane crashed while on safari if she wanted to.

What she said in the hallway means nothing. If he pursues the issue based solely on what was uttered in a hallway, then there's going to be egg on somebody's face.

I believe you're correct - the courts must empancipate.

[KentWA]

Actually it depends on State law. In Washington for instance if the minor is living outside the parents home, providing there own income, etc. They are considered emancipated. Also the birth of a child may cause legal emancipation unless the grandparent is appointed guardian.

However in this case I could not see a situation where that would be the case since she was living with you.

[c m chase]

I was emancipated at 17. I can't remember exactly what all had to be done, but it seemed like a big deal - like I had to fight my parents over it and get them to sign something before I could be. Of course, I wasn't married, pregnant or any that crap. That might play into it with OK law.

Odd note. In doing a little reasearch on this (found nothing yet), I see that after July 1, 1974, it's illegal for any person to call a child born out of wedlock a "bastard".

[workinninetofive]

So underhanded... but hey, why would I expect anything else? A friend was emancipated as well at 17. It was a big deal for her. She wasn't married or pregnant either though.

(not making fun.. I'm a blonde too )

[copperarab]

Thanks for your answers guys..(and gals too)

She was the typical 17 yr old teen. I was living on a farm in a tiny town and she wanted to 'hang' with friends in the BiG cItY (yeah right) so loose kids=unexpected pregnancy a lot of the time. I didnt find out until she was 6 months along. I brought her to her first doc appt and had her move back home (with the jerk father (boyfriend) of course) provided him a job with hubby, and purchased them a car. So for one of the billings she WAS at home with me.

She was just concerned that she may have stuck her foot in her mouth answering the attorney the way she did...I can see that it doesnt really matter at all.

Am I also to assume that when court comes and she tells the judge she was at home for one of the claims that we will then have to pay it? I have copies of other payments while she was under my husbands insurance (totaling a few hundred) that was placed in OUR names because of her age back then...This is one that slipped through somehow and I never knew or got billed for it. Oh the Drama of it all

[Guest]

Cooper

Here is some information that a Debt Collection lawyer gave to m e regarding hospital bills.. When they start requesting admissions and interrogatories

It might help you..not sure.. but here it is

when it comes to the collection of a bill by a medical services provider, are:

1. State in detail for each dollar charged on your bill or invoice:

(a) what goods or services were provided to the Defendant;

( the medical necessity and/or purpose for the goods or services provided;

© who authorized or ordered the goods or services and whether the Defendant consented or agreed that the goods or services should be provided;

(d) whether and who disclosed the price of the goods or services to the Defendant before they were provided;

(e) the actual cost of the goods or services provided versus the price sought to be charged to the Defendant;

(f) the extent to which the excess of price charged over cost is devoted to paying for the care of indigent patients at Plaintiff’s place of business.

2. Provide copies of the documents evidencing the answers you gave to 1(a)-(f) above.

[ladyblue65]

When you go to court have all the imformation from your husbands insurance company for what they paid.

Then have the medicaid number that your daughter had when she was covered. Sometimes medicaid back dates and pays for other expenses due to her pregnancy only. They did for me when I was 20.

Contact medicaid and request why they did not pay (play blonde) and they will request that you send in the bill and see what they pay. if she was covered they will pay. (you can fax copies of the bill to them)

Have all the information with her when she goes to court about the conversation. name of the person that she spoke with. Sometimes you can call and you can get a check number and amount paid within a couple of days of speeking with them.

then the bill will be paid. Does not matter how old it is.