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Is this idea crazy or could it work?


workingitout
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OK long story short, you may have read on my other posts I am being sued over some medical bills that never got billed to my insurance company and that I neglected to stay after. Here is my question: there is a trial date set now. Next month. I have sent the atty a certified letter with an offer to settle for one lump sum (70%) or payments for the whole amount. My main goal is to avoid a court judgement on my CR. Haven't heard back from him yet. Meanwhile, I was going through my file full of CA letters, and came across the notices from Merchants and Medical (anyone ever dealt with them?) from last year (for same debts) and I had a crazy idea.

Could it be possible to call them and see if they still have the authority to collect on the debt and settle it with them, then file for a dismissal on the basis that I have already settled the debt? Would that be legal? Do you think Merchants would do it? Can anyone answer this? :?:

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Back to the medical insurance...did the insurance company say why they are not paying for it? Is the hospital or doctor part of your insurance's network? I ask only to decipher if another option exists.

Dodger what basically happened was I had about $300 worth of legitimate bills, which I just kinda forgot about, they wre from a surgery, and then there were four urgent care visits. On two of them the hospital miscoded them and sent them in as ER visits which caused a higher ded, and two of them they never billed. They called, I gave info, they never billed. They sent to Merchants and Medical, I gave info, they said they would bill but didnt- the ins. co. has no record of these claims at any time. Anyway my Dad got sick with cancer, my summer flew by I was visiting him and dealing with all that, didnt keep up with it. Turns out they never billed. A couple of weeks after Dad died last Sept. I got the notice from atty and he wasted no time just sent a notice and then filed suit. Anyway I called the ins. company- they said the dates that had never been billed were outside of a year so nothing could be done. I told atty I would pay for the ones I did owe but that was $300 and the total was $1100 and he said nope and so now we are in pre-trial stage. So I dont think there is any hope of the ins. company paying I guess I am just looking for a way to not get a court judgment that is what I am most afraid of. What do you think, can I get around it that way???

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I would think so as long as they're willing to accept your offer. It's worth a shot.

My wife has a judgement on her account for a $60 medical bill that we didn't know about until after the fact. How pathetic is that?

That is pathetic all right. Why would they take you to court for $60? Did you get served? If not you can have the judgement vacated.

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I used to work for an insurance company. First what I would try and find out is if the provider is part of your insurance's network. Then call the insurance company and try to get some assistance from them. These claims would be denied for timely filing but that is not your responsability. If they are part of your insurance co network, the provider of care has to eat the costs; it is a provider write-off. Try to get a letter from your insurance company that says that the claims on not on file and were never filed. That proves the provider's negligence and that will greatly help you in court. If you want to completely avoid court, I would try sending that letter to the attorney. He should be smart enough to realize what that means.

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I used to work for an insurance company. First what I would try and find out is if the provider is part of your insurance's network. Then call the insurance company and try to get some assistance from them. These claims would be denied for timely filing but that is not your responsability. If they are part of your insurance co network, the provider of care has to eat the costs; it is a provider write-off. Try to get a letter from your insurance company that says that the claims on not on file and were never filed. That proves the provider's negligence and that will greatly help you in court. If you want to completely avoid court, I would try sending that letter to the attorney. He should be smart enough to realize what that means.

Would that be a legal defense because I told the judge and the atty all that at the pretrial conference and they both acted like it was not. The judge even mentioned something about me signing a waiver stating I was responsible blah blah. Which I probably did but hey I needed treatment I was in pain and what else could I do, I assumed since i had used the same hospital before that they would do their job and bill the ins. company. ( they are definitely in network and my ins. does not require a referral- urgent care is acceptable it just has a higher deductible.) Also, when I asked the atty for verification of debt after recieving the first letter he only provided me with a bunch of statements from the hospital he never showed me anything I signed. Does that matter? Thanks alot for all your answers I appreciate it - I am running out of time- I am afraid that any day the atty will file a motion for summary judgment and then what will I do.

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If you did sign a waiver it was probably that you would pay for items "non-covered" by your insurance company. But they have to produce your signature. Secondly get in touch with the insurance company right away. Tell them everything. If the provider is in network they agree to submit the claim appropiately. They were negligent and that is not your fault. The insurance company can probably go after them for you as they are breaching their contract. Sounds like the Judge has no idea what the hell he is talking about. BTW, if your insurance is government related, you can really nail them. Let me know.

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If you did sign a waiver it was probably that you would pay for items "non-covered" by your insurance company. But they have to produce your signature. Secondly get in touch with the insurance company right away. Tell them everything. If the provider is in network they agree to submit the claim appropiately. They were negligent and that is not your fault. The insurance company can probably go after them for you as they are breaching their contract. Sounds like the Judge has no idea what the hell he is talking about. BTW, if your insurance is government related, you can really nail them. Let me know.

dodger, thanks so much- I am going to call them right now. I should at least be able to prove that i was covered. Also I think if he does file a motion for summary judgement I think I am going to counter with proof of waiver and that info from the insurance company, at least get them to stretch it out. In the meanwhile what do you think about my other plan to contact Merchants and Medical???

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I would ignore the collection agency. Your beef is with the provider of care. Start saving all the paperwork and get ready for a counterclaim for damages. You are disputing the debt itself as illegitimate. The collection agency is irrelevant. But if they want to get sued too, let them keep violating.

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