cbairey

Going to court 5/7 any advice?

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Assigned date is 1/8/09, the letter or form printing date is later is all. I don't think this is a discrepancy. Authentication, and the original assignment etc. is still on the table though.

its some type of photo copy, ( i have no doubt this was made up) as has XXX for the OC, dont even say who the person is, far as i know could be someone in the CA office, " should have " under signed , XXX for OC, address and a date, , a Smart person would have the same date on the assign letter as "assign date", esp since CA says they sent a "dunning letter that Same day( as assign date) YET says also in what they provided they Out source them. and as of 4/21 they still did not have a copy of the letter sent, so "recreated" it..

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Assigned date is 1/8/09, the letter or form printing date is later is all. I don't think this is a discrepancy. Authentication, and the original assignment etc. is still on the table though.

in the notes I requested, Ca has on 2/10 (Warning still need assign for client), I got copy's of thier computer notes ( honest didnt think atty would be stupid enough to provide them)

should I motion to dismiss? , I think this would give a big heads up, Or should I just keep objecting at trial and keep pointing out all the errors? I went to the court yesterday and atty has yet to file anything but the summons and complaint.

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xangelx I just filed it with the court thinking they would atuomatically do that, should I refiled the motion with the request added or is it too late?

the motion to compel is after your discovery request,and Xdays has past with no reply from the CA/Atty( look up your courts rules on this could be 20/30 days)

( i just filed one yesterday) you also attach copys ( exibits A&B) of the first request(

IN THE DISTRICT COURT OF THE STATE OF ( your state)

IN AND FOR THE ( county OF your State)

Scummy COLLECTIONS

PLAINTIFF CASE: 00000

Scummy atty

ATTY FOR PLAINTIFF

VS MOTION TO COMPEL

DISCOVERY

your name

DEFENDANTS

PRO SE

( your address)

MOTION TO COMPEL DISCOVERY

COMES Now Defendant, ( your Name) , and files this MOTION TO COMPEL DISCOVERY, and requests the Court to grant such Motion based on facts stated below:

. Defendant served Discovery Requests by certified U.S. Mail to Plaintiff's attorney, (SCUMMY ATTYS NAME),on (Month& Day), 2009. A copy of the certified mail receipt is attached hereto as Exhibit "A."

Plaintiff has yet to reply to Defendants request of Discovery, and that More than 30 days has past since Defendants Request. A copy of Letter is attached hereto as Exhibit “B”

and as of this date, no documents are forth coming nor has (Scummy atty name) communicated any request for extention.

Respectfully submitted this Day

Dated this Xth day of (Month) 2009

discovery request) and copy of your Green card( RR),

BY---------

Defendant/ Pros se

Address

should be one simple page. have all copies stamped, then mail one to atty, Then if they still dont reply( give em 2 weeks) then go get a court date..( sanction time)

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xangelxFile Motion to Compel Discovery today we'll see what happens!

let me know how your is going ok,

I also filed mine, not sure if i have to ask for a court date for a judge to sign it or not. I did mail a copy to the Atty. ( wondering if he gets it will just comply and i look "stupid" by filing first) the court rules dont really give me much information on motions, except to file with the court and send atty copy.or how long i have to wait for them to provide it..clerk didnt say I needed a date for judge to sign it either( this is on a second set of discovery ),

"additional counterclaims,& Violations of a C&D order"

* waiting on two recorded phone calls ,hey the docs they sent me( 5-11) clearly says" I recorded the call" I did not know Z would realize my errors, this could be a problem . ( YES), they called a third party and left a nice detailed message well after TWO c&d's with the persons name who called, I have a Noterized statement from the 3rd party too..,( next day i called them with full name of who called) they admitted they did call 3rd party on the recording.. can they say, Violations..( I asked for ALL records, recordings notes ect on defendants in CAs records, dumb A** actually sent me the computer print out with SO many mistakes made by them, a smart atty would have objected, trade -secrets ect..) of course atty denied, umm HOW would 3rd party know minnies mouses exact name unless she left message or Told 3rd party.. I Aint so smart that know CAs employees by full name

( lmao) :twisted: I am being sued for 342.16, , BUT the docs( billing stuff) atty sent shows a balance way less,, cant they even add? makes you wonder if anyone even looks at the documents they send out.

and get this in CIVIL court no less..they provided insurance statements. for 173.70 total due . aww breaks my heart they aint gonna make money off me here. and the dr's billing statement" they sent along with it dont show the payments the insurance paid/credits, they missed entering 3 of them ( PIF)

but my FAVORITE PART ( I am going to have this Blown up and framed" says" I cant belive Mrs Z wants Documents on this ,MrsZ is a PAIN IN EVERYONES a$$ and Just wasting eveybodys time

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xangelxFile Motion to Compel Discovery today we'll see what happens!

let me know how your is going ok,

I also filed mine, not sure if i have to ask for a court date for a judge to sign it or not. I did mail a copy to the Atty. ( wondering if he gets it will just comply and i look "stupid" by filing first) the court rules dont really give me much information on motions, except to file with the court and send atty copy.or how long i have to wait for them to provide it..

* waiting on the recorded phone calls ,hey the docs they sent me clearly says" I recorded the call" I did not know Z would realize my errors, this could be a problem . ( YES), they called a third party and left a nice detailed message well after TWO c&d's , I have a Noterized statement from the 3rd party too.., they admitted they did call 3rd party on the recording.. can they say, Violations..( I asked for ALL records, recordings notes ect on defendants in CAs records, dumb A** actually sent me the computer print out with SO many mistakes made by them, a smart atty would have objected, trade -secrets ect..)

( lmao) :twisted: I am being sued for 342.16, , BUT the docs( billing stuff) atty sent shows a balance way less,, cant they even add? makes you wonder if anyone even looks at the documents they send out.

my Favorite Documents part

I am going to have this blown up and Framed

: Mrs Z is wasting everyones time, i cant belive mrsz wants Documents on this,

MRS Z IS A PAIN IN EVERYONES a$$, cant belive she want Proof of this debt.

make me proud 8-).. now Thats really a Great thing to hear

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OHH sh**,

I am in dire need now, HELP::idea2::

ATTY, sent "discovery request" to 3rd party about a call made to them,( dated 5/22)&wants , phone recordings& tapes, problem it was a voice mail,and its no longer on 3's phone, caller id is also gone , phone only stores 40 numbers, 3rd did do a signed/noterized affidavite about the call( filed 4/10),gave 3rd 30 days to respond

How do we answer? I will try the phone company for records tomarrow, but I dont know if they can get the voice mail back or not, I am almost certain we can at least get a record of the in-comming call.Voice mail is not on a"tape"

a bit of back ground, 4/9 CA called 3rd , left detailed message,

4/10 I call CA,(knowing its recorded) and said, you called XXX Yesterday , looking for me, CA admits the call , number called,& message left and by who.admits other stuff too..:)

CA phone records state," I Recorded the Call"

( sent a C&D violation notice to CA& filed w/ court, discovery request sent for the two phone recordings)

CA's own computer records provided during my discovery shows My call, and says " I did not know mrs Z would note my error. letter is good could be a problem"

atty denied calls ect..

this case was filed 3/5, served,3/27. answer 3/30, (1st)discovery 4/1. second discovery 4/10( phone violations). had "trial 5/7 was delayed atty said, he was "still answering my discovery request" recieved some discovery(1st) 5/12, Motion to compel 5/15( phone violations), atty sends request to 3rd party, the docs have 3rd party name and ours as "defendants",NO court stamp..cant look until tomarrow to see if they filed,

No discovery request to me from atty...I am sure hes Hopping mad about the compel motion..

what I am "thinking"3rd could object as "unduly burdon some" atty should have those recording already, as their records state they recorded the call,

put the ball back at them,they would have to explain real hard why they dont have the calls after documenting it was recorded.

or, provided (if we can get) phone record of the in comming call(s) from the phone company showing that date and time,along with the affidavite, maybe enough "proof" of the call,3rd is the only one with 1st hand knowlage of the message,

then theres the 20 day rule saying parties have 20 days from summons/ or counterclaims to request discovery from op parties, may 11th would have been the "cut" off date..

atty knows I have em by the short hairs now, I intend to use thier own records against them,( honest its just amazing what they sent me, I cant belive atty didnt at least read it first)

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updated 5/26

xdancex atty wants copys of "recored call" problem :it was a voice mail, and its been deleted due to age, called Phone company, could not get retrived, also cant get records of in comming calls,

how can I answer this request, I am leaning towards:

XX states, as this is a voice mail account atty must subpoena X's phone records to obtain the requested information,X phone company is X...

X can provided Photo copy of Xs Phone display showing Ca's number, Attached(photo)

( knowing darn well they cant get anything) ..

ALSO ( so happy here) I got CA's Phone records subpoena'd today , it will show they called the 3rd party ( they denied they did ) it even shows they called 3rd 2 more times..I even got thier Phone Company account number 8-) and getting record of thier calls to "us"..( what they provided during discovery shows wrong dates of calls)...

Attys going to Faint when they find out...

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You can only produce what is in your posession, control, or custody. If they really want the voicemail they should seek discovery from the telephone carrier directly.

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You can only produce what is in your posession, control, or custody. If they really want the voicemail they should seek discovery from the telephone carrier directly.

I thought so,i am going to send a "you have to get that from X" , Enclosed is a copy of YOUR records showing the in comming call to me dated X and a photocopy of my home phone caller Id.

that should make the atty'a jaw drop 8-) since they denied even calling

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You can only produce what is in your posession, control, or custody. If they really want the voicemail they should seek discovery from the telephone carrier directly.

I helped 3rd write the letter today

says dear atty

per your request I produce a copy of " the Tape"

since this is a voice mail and stored with my phone company who is X, please subponea X for that information, as it would be overly burdon some for me to obtain a subpoena for your request, you have my sworn statement about this matter, & that states it is a Voice mail and Not a tape, I am enclosing , a photocopy of my home phone showing X Called My home on X date

AND a copy of from your long distance carrier X showing the same,

sorry i can not be of more help

XXXX

( Atty deny's they even called 3rd)

what do you think? I am *Thinking* of paying for jury trial,,,this atty been a PAIN, but I also know I have them on this, up side I think A jury will/ could award the max allowed

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bump

I am thinking of asking for a jury on this, anyone else have any input?

could this backfire on me?

I am not going to argue i owe X amount but they want alot more than what I owe, thier own documents even show less,, I have several Counterclaims, and think a Jury just might award us( hubby & I) the maximun Vs a Judge and could really lean this in our Favor, after all 99.99% people really dislike these CA's

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20 days. Its all a game of chess to them. They have nothing and if they loss they must pay me back what I've already paid to them plus i hope FDCPA violation as well.

you know you can add" actual loss" time off from work,ect right..

My update: saw a Lawyer yesterday, mulled over a jury idea, decided not to go that way as I dont want to give the "other side" any more time than I have too, they just Might see the mistakes they have made, & I dont want that..:twisted: , even though i am "comfy" with court, almost to risky for the $, the CA is almost certain appeal . no way the CA will let me walk away that easy with the full award I could get from a jury.

going to go for summary judgement against CA, I have more than enough documents for this and the judge would have no choice as to the amount of damages" I can get ,I have the law clearly on my side.. I did "hire" the atty to just write the request for summary judgement so its in "legal form" and I dont screw up so the CA could appeal,, and I can get the fee for this back so not a big deal..

those that advise seeing a lawyer, please remeber not every one has several hundered buck to pay one, and it takes time to make documents, request stuff ect,,it could cost you well over 1000.00 just to start a case,

my advice, go only as far as your knowlage will take you, biggest complaint I hear from the lawyers is that a pro-se has screwed up THEN looks to a lawyer to "fix" it and complains of the cost, this is why alot of laywers wont bother with the case, why pay atty 600 on a 300 debt..?

, keep good records and in order and Make sure you have everything with you when you see a lawyer, and PLEASE make sure you copy the "violations" & state laws, so your atty wont have to charge you for the research, at 200+ a hour it can save you alot of money and the lawyer alot of time. yes your doing the lawyers job to a point, but hey I will do the research if it save me 600 bucks!

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you know you can add" actual loss" time off from work,ect right..

xangelx Most of my time came from the research, other than the pre-trial I've had only one hearing since that time after re-openning the case. But I admire your steadfastness and survival instict to handle it pro se. I too cannot afford a legal dobberman to go after these guys so I'm force to become my own bulldog to learn what I can and therefore do what I can to win my little war. hope you much success!

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you know you can add" actual loss" time off from work,ect right..

xangelx Most of my time came from the research, other than the pre-trial I've had only one hearing since that time after re-openning the case. But I admire your steadfastness and survival instict to handle it pro se. I too cannot afford a legal dobberman to go after these guys so I'm force to become my own bulldog to learn what I can and therefore do what I can to win my little war. hope you much success!

add your punitve damages, general damages and statute damages ,mailing cost, filing fees, copy fees( ink) and paper,or if you had to use a machine.

funny , today i had some lady offer a "home biz" LOL it was for pre paid legal service, after chatting she said i am one in a million who actually knows the laws,,and wouldnt beneft from them ,, made my day

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xangelx Lawyer call this morning it only ranged twice, also called yesterday while i was filing my papers in court but I I got this feeling tat they're getting panicky now seeing that they have less than 17 days left to produce. They have tried leaving a message that they needed to verify my address (Who do they think they've been mailing to all this time)8-)

guess you could call them back and, verfiy your address, you dont have to "talk" to them, better yet send a letter, your office has requested address verification, I live at... please limit your corespondance( or request) to mail at the above mailing address, thank you X

______________

mine has until the end of this month, been doing a half arsed job "producing". the atty sent me, a oh we "found" a mistake, you have X Credit, so now you owe X, guess i have to toodle to the court to see if they filed a ammened complaint, since they didnt send me anything saying it was changed & that a affidavite was "forthcomming from the records keeper" ya right, thats three "affidavits" they havent giving me yet,

.I "hired" a atty to just write my summary judgement,so I let atty know about the new info, wont seem to make a differance, I still got them on alot more :) than the one they finally "discovered" . just a few weeks left and I am going to ask for trial..

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I moved all of saint al's post to a separate thread - it was getting difficult to read. In the future guys, start your own thread. You'll save me the time of having to move or delete threads that are unrelated to the question posed by the OP.

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i was re-reading some stuff the CA atty sent me, ( this is for medical bill)

(atty), they sent the sign in sheets you fill out when you see the dr, on one it says NO charge,,yet they charged my insurance,

but heres my question,, on the financial "disclosure" it says, the dr is a independant contractor and NOT a employee of"medical clinic", ( my insurance has paid Drs directly , No EOB's have been paid to " Medical clinic")

wouldnt the CA have to prove assignment from DR to Medical clinic? , how can "medical clinic" sue for amount due the DR .If the Dr is NOT a employee.? shouldnt the suit say CA for DR & medical clinic,

what they havent shown, assign from Dr, what Dr is owed, or if its "medical clinic" thats owed.

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i was re-reading some stuff the CA atty sent me, ( this is for medical bill)

(atty), they sent the sign in sheets you fill out when you see the dr, on one it says NO charge,,yet they charged my insurance,

but heres my question,, on the financial "disclosure" it says, the dr is a independant contractor and NOT a employee of"medical clinic", ( my insurance has paid Drs directly , No EOB's have been paid to " Medical clinic")

wouldnt the CA have to prove assignment from DR to Medical clinic? , how can "medical clinic" sue for amount due the DR .If the Dr is NOT a employee.? shouldnt the suit say CA for DR & medical clinic,

what they havent shown, assign from Dr, what Dr is owed, or if its "medical clinic" thats owed.

The employee/independent contracor issue usually revolves around the treatment of income for taxation purpose.

There will be in existence a service contract that deals with assignment, liability insurance and all those good things etc or if it is badly drafted will fail to deal with adequately. Most of these are boilerplate documents. I would ask for production of that document. If the Medical Clinic has no standing then it is pretty much dead in the water for them. :dunno:

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The employee/independent contracor issue usually revolves around the treatment of income for taxation purpose.

There will be in existence a service contract that deals with assignment, liability insurance and all those good things etc or if it is badly drafted will fail to deal with adequately. Most of these are boilerplate documents. I would ask for production of that document. If the Medical Clinic has no standing then it is pretty much dead in the water for them. :dunno:

I was leaning towards, the "medical clinic" would have to show a "assign" contract from the dr, what they also will have to prove: there is 5 Dr's who I have seen,,What Dr or Dr's is owed the money? this is a "doc in a box place" so you dont know who is working day to day..

I have already asked for the assign's..I got a sloppy one from the medical clinic to Ca. ,supposed to be 1/8/09 when it was assigned but dated 2/10/09 more than a month after they say they where "assigned the account"

a chain of title/custody should be, dr(s) to Medical clinic, to CA right?

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I was leaning towards, the "medical clinic" would have to show a "assign" contract from the dr, what they also will have to prove: there is 5 Dr's who I have seen,,What Dr or Dr's is owed the money? this is a "doc in a box place" so you dont know who is working day to day..

I have already asked for the assign's..I got a sloppy one from the medical clinic to Ca. ,supposed to be 1/8/09 when it was assigned but dated 2/10/09 more than a month after they say they where "assigned the account"

a chain of title/custody should be, dr(s) to Medical clinic, to CA right?

That would be my view of it.

Where do the medical clinic get their right to bill/collect from? If they can not prove they have that legal right ior that you entered into any contract with them, then the CA is also out of the picture ( assuming they are instructed by the clinic and not the doctor.)

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Sorry I have been MIA for awhile.

the Ca's atty sent " discovery request" to a witness wanting a copy of " the Tape" they answered sorry i cant help , get that from Voice Mail my phone company,

then had the nerve to send another letter asking for witness to call thier phone company to see if the message is there, provide thier account information to atty and give 'permission " to say why they called the witness in the 1st place ( they are going to try to say witness also owes them money) witness did not answer 2nd letter,, now atty wants a hearing to compel the witness to "produce the tape(?) dumb a** atty should READ the affidavit, says Voice mail,, geesh , atty said, we cant "explain " why we called 3rd party without FDCPA violations unless witness gives us permission to say why we called* like thats going to happen LOL

1st they denied calling, then said yeah we did, now they are trying to say that the "message" from them was to witness and not about defendants

* part of my counter is they called 3rd party and left a voice mail, whopping 3k fine 2k state 1k federal, they are really tring to back pedal on this one

atty asked for a hearing on 8/6

atty still hasnt provided docs or affidavits showing the debt, going to try to nail them on,: that the dr's are independants from the clinic,( no assigns provided) A 3rd party sends out their dunning letters ( again no letter/aff to who that company even is) atty sent me letter saying they "found" credits, yet hasnt filed ammended complaint, this atty's so dumb, they sent me all my "billing" statements and two of them say NO Charge for visit right on them, yet they Charged my insurance Company and are tring to collect the balance( from my EOBS) from me. amazing thing is this atty been licenced over 30 years , one would think a "seasoned" atty would know better, doubful atty has taken a good long look at the file,, so many mistakes its almost funny, like the "assign; letter dated a month after they said the Ca got the "account", no letter from 3rd who sends out the dunning statements, Ca's record says they need to "recreate" the 1st letter since they did not have that, and more..

I sent atty my request for summary judgment and set a trial,, atty reply, you cant ask for a trial you have to ask for a hearing..( we already seen the judge back in may) I am making this atty work HARD!!!

i am sure they are not happy that I am asking over 7k in damages,and also "reminded" the court it can be trippled ,, just to be on the safe side, I did hire a atty to Only write my summary judgement Request, I dont want to lose because a t wasnt crossed or a i dotted.

I feel real good about this, but wish us luck!!

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My opinion regarding this "contract" matter with Doctor, clinic, and you, is for you to call the insurance carrier involved. Let them know what is going on, especially on the items you mentioned were billed, yet were noted as "free" on your copies. Insurance carriers do not like getting ripped off. True, if this is a simple "play on paper", they're safe, but, we are not the experts on this, let the carrier tell you if it is or isn't. No, you don't need to discuss the pending suit, unless, of course, you find through your discussion, that sharing this part would be to your benefit.

Be sure and ask about assignments. Most often IF a provider agrees to accept assignment, whether in or out, they automatically agree to abide by all rules and regulations of the carrier.

For example, I noted a comment was made as to the bill showing a date and comment "applied to deductible". If this is true, then, you must be sure the amount they claim you owe is not more than the "allowable" amount of the carrier. Most do billl correctly, but, at times, and did happen to me, is they try and bill you for the amount billed, which is illegal. It is a federal violation known as "balance billing".

Read our sticky on medical collections in the collection section. You may find something to assist you. We've never met, but, my repair and reason I joined this board was due to medical collections. I strongly adivse anyone with medical collections to call their insurance, if involved, for assistance. Remember, though the claim is legally due and payable, your goal is to have it handled properly, and legally. By this, if this is due to inactions of the provider, thus, through no fault of your own, they should step up, by recalling claim from assignee, and settle amicably with the patient.

Edited by retmar

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this medical has been awful. I have statements from insurance where they tried billing for the same thing 3-4 times, two that say no charge yet my insurance paid ,and a few charges I had refused that part of service( being in health care I knew better) yet again was charged,

this "medical" clinic states in writing the drs are independant providers, so I dont see how they have standing to sue,one could assume without a assign it would have to be the dr(s) with the proper authority to sue,

fyi my deductable was paid well before seeing this "clinic" I will be calling the insurance today,since they have played this game long enough,

wonder what they will do when they join? bad eoungh now the CA atty wants to "force" a witness to provided something they dont have, anyone say harrassment suit and bar complaint ( LOL) ? I am sure making them work hard, just shows if you stand up for your self, sooner or later they will drop the ball and Mess up ..

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You're doing great - keep it up!!

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