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CA says the sent my account to an attorney


sixampfuze
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hello heres my story in a nutshell

in dec 2005 i was in the hospital and applied for emergency medicaid for a 12000 bill i never heard from the hospital or a ca until 2010 when i received a letter from the hospital. i called the hospital and was referred to a CA in which i spoke to for 2 min and my cell phone fell 3 stories and broke. i was on top of an elevator & alot of stuff happened in 2k10 and i pushed this to the side.on friday 8/4/11 i received a call from a CA about this account and was told if i dont give them an answer about paying $300/$250 per month on monday legal action would be taken.

i called the hospital and wanted to make a deal to pay 125 per and a supervisor said no. my father pretended to be me and did the same and a woman told him make payments for 125 and put in care of her name on the check along with my account #. on monday the CA called my parents house dont know and spoke to my mother and my mother told her i made arrangement's with the hospital even though i told my mom to not to talk to her. i was in contact with alot of people on various forums and they said i should DV the CA so i called her back today to find out what CA this is because she never told me and she then said sir i was informed you made arraignments to pay the hospital, your account was sent to an attorney you will hear from them in a few days. WHAT do i do? should i removed my money from my accounts? i havent sent the hospital anything yet.

Im in NYC my SOL is 6 yrs which should be up in dec/feb 2012 but i was told by a few people on other boards the medical bills fall under UCC code and the SOL is 4yrs for all states. alo this DEbt is NOT on my credit report but the CA did make an inquiry on 8/4/11 the day i spoke to her

1. i never received notices and she said she sent them over the years

2. she spoke to my parents about this told them details about the debt

3. told me she would take legal action against me

4.never even told me the CA name

5 was really nasty the first time i spoke to her

1.if i start paying the hospital my SOL will reset right?

2.is it true that medical falls under UCC 4 yrs. everyone on creditboards believes so?

3.should i close my bank accounts and removed my money?

4.WHAT do i do now wait for an attorney letter?

5. if the Original creditor says i can make a payment to them how can a CA get an attorney to do what they do?

Edited by sixampfuze
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I would not pay anything, unless you can pay the thing off

Are you dealing with the CA or the Hospital? Hospital people can say whatever they want, unfortunately

The SOL is 6 years measured from teh last date of service. Whoever told you the UCC applies to a medical bill is wrong.

When you say you applied for emergency medicaid, did teh hospital help you? May have a defense

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the only reason i agreed to stay in the hospital for 2 days was because the social worker and the doctors Guaranteed me i would received emergency medicaid because at that time i didnt have insurances. 2 days of being in the hospital was $8500 alone. well on the creditboards they state medical falls under UCC and is 4 years . they dedicated pages to it and defenses. i have been to 3 forums asking what to do. im dealing with noone now.

hospital said i can pay $125 per month for 8 years

CA said pay $250 per mo get legal action

now CA said they forwarded the account to an attorney but the hospital said i can pay it off so i dont know whats going on. this is what they say

"SOL" for medical accounts, or ANY "service" accounts or "store" accounts is in the UCC ( Uniform Commercial Code) which provides a Uniform 4 year SOL in all States, EXCEPT in those few States where it is 3 years.

Edited by sixampfuze
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  • 2 weeks later...

the CA said she was going to forward my account to an attorney and today i received this removed space between // i and 1 .jpg

Arnold Arpino & Associates P.C.

Attorneys at law

the past due account has been referred to this office for collection.

we are writing to you to give you an opportunity to contact us to make arrangements for payment of this debt if it is undisputed.If you connot pay the full amount , we will extend our full cooperation to arrange for mutually satisfactory installments.

Validation notice*

Unless you dispute the validity of this debt or any portion thereof within 30 days after you receive this notice, we will assume the debt to be valid. if you notify us in writing withing 30 day period that you dispute this debt or any portion thereof we will obtain and mail to you verification of the debt or copy of a judgement, if a judgement has been entered against you. if you notify us in writing within 30 days period we will provide you with the name , address of the original creditor , if different than the current creditor .

this is an attempt to collect a debt and any information obtained shall be used for that purpose. this is a communication from a debt collector.

please make check payable to Arnold A Arpino & Associates noting thereon the file number

Edited by sixampfuze
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If you made arrangement s with the hospital then call them and tell them that a collection agency is hounding you and you do not know who to pay. Tell them that if they will recall it from the ca then you will start those payments. All they can do is say no. Ask the hospital if they can send you something in writing that says how much you can pay. that way if it goes to court through a CA then you can shoot them down in flames, ,,,,YOUR HONOR I AM ALREADY PAYING THIS BILL WITH THE HOSPITAL WHO AGREED TO LET ME MAKE PAYMENTS, HERE THE LETTER FROM THE HOSPITAL.

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  • 3 weeks later...

I got some more info. Btw I sent the dv To the attorney today. I had to call the hospital for my father and find out some info for him

Regarding a bill and the woman I spoke to was the woman who helped me originally and she remembered me. She asked how things went with the CA. I told her and she said that my account was charged off and assigned to NBI or NIB CA I forgot and that the current CA might have purchased it. She's not sure she said. She also said that when she told me to send $125 payments they would except them but the hospital has nothing to do with the account. The money would then be reported to the CA.? Then said there's nothing the hospital could do since it's from 2k5 that I should contact the attorney and work it out with him.

I did send the attorney the DV today . I cmrr'ed it and I'm going to wait for his response but if this account was sold to the new CA does that change anything ?

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If the hospital sold the account, they no longer have a standing to collect it, or to accept payments against that account. Paying them isn't paying on the account at that point. If you are lucky, they would forward your payment to the DB that now owns it.

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If the hospital sold the account, they no longer have a standing to collect it, or to accept payments against that account. Paying them isn't paying on the account at that point. If you are lucky, they would forward your payment to the DB that now owns it.

I literally have NO luck. Everyone keeps telling me to cmrrr the DV to the lawyer which has to be in my sept 16th. On sept 6th I cmrrr my DV and 2 days later I receive my RR back with nothing on it except the address I wrote. Turns out the RR fell off my dv letter envelope. :(. I check online and te letter was delivered (hopefully to the right address. So I cmrrr'ed another DV letter hopefully that one gets signed and returned. Ugh!!!

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Guest usctrojanalum

Well the debt is validated if they really did send you an itemized bill. To be honest I'd probably just send them a cease and desist letter but you are likely to end up being slapped with a lawsuit.

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Guest usctrojanalum

Oh, And I have heard of hospitals selling their debt before. But not hospitals that are in good shape like Montiefiore. Recently a Bankruptcy Court Judge ordered Our Lady of Mercy Medical Center in the Bx to sell off their receivables because well they were out of business and needed money to pay off creditors.

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And the SOL on medical debts is absolutely 6 years, I have no idea why anyone in the world would think it would fall under the UCC.

So what do I do ? I can't afford to pay $250 per month. My monthly bills come out to $2300 plus I have to give money to my parents because my father had a heart attack and can't work.

Im taking care of myself, my ill g/f, my parents and my 14 yr old nephew who is staying with me because his mother can't control him. I offered the CA $125 per month and she refused. She said she wanted $300 and might be able to take $250

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Guest usctrojanalum

To be honest, I would send them a full cease and desist letter and just hope that they don't file a lawsuit against you before the SOL runs out. If they do file and serve you with a lawsuit you can cross that bridge when you get there.

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If I send a c&d won't that just piss them off more?

Also I have enough money in the bank to cover this bill $12000 if I was to take it out and have someone open a bank account fr me in their name and just use it as a savings account for now would that person have to show for the money? I would deposit the entire thing at once .The reason I'm asking is becaus ei wouldn't want to wake up one morning and see my account raped. Most of the time your not aware of judgments and all that fun stuff. I live in NYC does anyone know how long it usually takes for a judgement or lawsuit to be filed and served? What happens if they come to my apt and my g/f says Im not there ? If I was to be sued before jan1 but court isn't until after january does is the sol still valid?

Edited by sixampfuze
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I understand I'm getting ahea of myself , I'm a worry wart . I worry about everything :) . But I've been on this forum, and 2 other forums ask for help and reading other peoples stories and most people say either they were never served or never new about a judgement until either money was taken out of their accounts or wage garnishments. My brother had his bank account frozen and $800 taken out of it and he didn't even know about it until one day he went to get money out and he couldn't. There was a hold on his account for 2 weeks prior to him knowing.

If the last activity day/ service day on the print out is from dec 20th 2005. Then there's 3 months left before the sol runs out so if I CD (which my DV I sent had a CD in it) he most likely will go hard after me. If CA or OC would of left me pay $125 per month I would start paying but if I was to start paying $250 and then lost my job or couldn't pay the full amount then I'd be back to square one.i think I'm having a nervous breakdown lol

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I doubt the attorney will go after you...you've sent the DV - they cannot collect until they validate the alleged debt.

I'm sure he/she is aware that the SOL is close. They may let it go - I understand the courts in NYC are horribly clogged - it could take a 6 months, a year or more to resolve any lawsuit.

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Guest usctrojanalum
I doubt the attorney will go after you...you've sent the DV - they cannot collect until they validate the alleged debt.

They already validated and responded almost immediately, OP posted a link to it the attorney response to the DV letter.

OP, at this point - there's not really much you can do but you should not worry. They might sue you, they might let SOL expire. If they do decide to sue you the Courts in NYC are so backed up that there would not be a resolution to your lawsuit for a while, that could buy you time to come up with some money to try and settle it out.

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I doubt the attorney will go after you...you've sent the DV - they cannot collect until they validate the alleged debt.

I'm sure he/she is aware that the SOL is close. They may let it go - I understand the courts in NYC are horribly clogged - it could take a 6 months, a year or more to resolve any lawsuit.

I sent the dv and the letter in my post above has a link to his response. Also he sent me an itemized printout of the bill. Isn't that DV? So I have 94days ( dec 20 2005) to wait it out. That's a long time to hope he drops it. Ugh.

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Guest usctrojanalum

Also I have enough money in the bank to cover this bill $12000 if I was to take it out and have someone open a bank account fr me in their name and just use it as a savings account for now would that person have to show for the money? I would deposit the entire thing at once

Few things, I just noticed this post.

I would not put the money in anyone elses name. That does not sound like it will ever turn out to be a good idea. I don't care how much you trust the person unless it is a spouse or immediate family member (even then it can be risky) you are basically giving someone a $12,000 gift that you could never get back if it was taken from you.

If you have that much money, I would try and work out a settlement. Who knows if you offer them $4,000 it might make the whole thing go away. (Do not make any settlement offers unless you are served with a summons)

Third, I find it a bit offensive that you would cry poverty with over $12,000.00 in your bank account. You would never qualify for any emergency medicaid or financial assistance with that type of sum of money in a savings account. There are people on this board who can barely make ends meat and live pay check to paycheck but you cry poverty when you have 5 figures in a bank account that you are thinking about sequestering to avoid paying your creditors? That really doesn't seem right.

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at the time i had the surgery i was making less than 325 per week and had $300 in the bank.

as for not paying creditiors - this happened in 2005 i didnt know about this until july ish of 2010. 2 weeks later my father had aheart attack, my grandmother was in a car accident and died because of in a month later. When i spoke to the CA at that time i was told to take out a loan or pay $800 per month. what would u have done. i said i would pay $125 pr month they want 300 maybe 250. i asked to chop the debt down and was yelled at. the CA never told me who they were. There's 3 months of sol left thats why i was asking if i should pay or not.

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