Not sure what to make of this....

[purplebb]

I am in the process of mandatory arbitration. The court just chose an arbitrator. And I got a letter from the opposing attorney saying that they are interested in working with me to resolve this matter without need for further litigation and expense. Asking me for an offer for a lump sum or a payment plan secured with a judgement. And wanting me to fill out income information. The last sentance says be advised that any settlement negotiations do not otherwise limit our client's ability to proceed as provided by law.

The total of these invoices do not total the amount of the lawsuit. The numbers are different.

I am not sure what I should do, or what kind of letter I should send, if I should send one to the attorney or the court ect. Does the amounts being different show good cause to dismiss?

[usagi555]

He's sending you an offer to compromise that involves you stipulating to a judgment against you basically. As for the different totals, there is no way to say what is going on without actually having the documents, complaint, etc... in front of me, and that's stuff that you ought not post online. Either way, I'd tell any attorney that wanted me to stipulate to such a judgment to go pound sand, but that's just me. If I'm going to pay to "avoid further litigation and expense," I'm going to hold up the payment and say "You want this? Dismiss with prejudice and sign an NDA, or I'm going to run your expenses through the roof."

Sending a questionnaire asking for your income information when he's offering you a lump sum settlement is also deceptive, IMO. If he wants you to pay it all at once, he doesn't need your income information. You could call him on that. I sure would. In writing.

Is this a JDB, or an OC? I recall that you have been dealing with some medical debt, and if that's what this is over, and the totals have to do with attorneys fees, there either needs to be a law stating that they can recover those, or it needs to be explicitly in some agreement.

[Coltfan1972]

I am in the process of mandatory arbitration. The court just chose an arbitrator. And I got a letter from the opposing attorney saying that they are interested in working with me to resolve this matter without need for further litigation and expense. Asking me for an offer for a lump sum or a payment plan secured with a judgement. And wanting me to fill out income information. The last sentance says be advised that any settlement negotiations do not otherwise limit our client's ability to proceed as provided by law.

The total of these invoices do not total the amount of the lawsuit. The numbers are different.

I am not sure what I should do, or what kind of letter I should send, if I should send one to the attorney or the court ect. Does the amounts being different show good cause to dismiss?

Allow me to translate this for you.

"Here is a rope with a noose and a chair. Please put this rope around your neck, step in this chair and then kick the chair out from under yourself"

[usagi555]

Allow me to translate this for you.

"Here is a rope with a noose and a chair. Please put this rope around your neck, step in this chair and then kick the chair out from under yourself"

I'm glad we agree.

[Seadragon]

The reason they want to work it out is they have intel about the arbitor. They want you to stipulate because among other things arbitors get paid alot.

You have to decide what is best for you, but I don't see how this is good for you a stipulated judgment is a judgment just the same and if you miss payments the get the judgment.

They have to know you will prevail. If they have violations to counteract the amount they claim then politely inform them they have made these violations.

also now would be a good time to contact your health plan and see if they require the hospital to take what they give and not charge the rest to you. Also if the health plan has denied claims that they shouldn't have make them a co-defendant.

Maybe they have denied some frivilous claims of the hospital and the hospital is now trying to pass that on to you.

check all that for leverage against the plaintiff.

maybe the health plan can help with documents sent to the hospital for the billing errors.

[purplebb]

He's sending you an offer to compromise that involves you stipulating to a judgment against you basically. As for the different totals, there is no way to say what is going on without actually having the documents, complaint, etc... in front of me, and that's stuff that you ought not post online. Either way, I'd tell any attorney that wanted me to stipulate to such a judgment to go pound sand, but that's just me. If I'm going to pay to "avoid further litigation and expense," I'm going to hold up the payment and say "You want this? Dismiss with prejudice and sign an NDA, or I'm going to run your expenses through the roof."

Sending a questionnaire asking for your income information when he's offering you a lump sum settlement is also deceptive, IMO. If he wants you to pay it all at once, he doesn't need your income information. You could call him on that. I sure would. In writing.

Is this a JDB, or an OC? I recall that you have been dealing with some medical debt, and if that's what this is over, and the totals have to do with attorneys fees, there either needs to be a law stating that they can recover those, or it needs to be explicitly in some agreement.

Yes it is over the medical debt. The invoices they just sent me, totals are less then the amount that they are suing me for, even if I add in the interest from the lawsuit, it is still less. Also one of the OC's told me that they were taking a couple hundred off of the bill because it should have been billed to insurance...which I told the CA when they called me in april and it would have been still in the time limits to file an insurance claim, but he refused to send me any invoices at that point and so I couldn't contact any OC's on any bills because he didn't give me that information. So they waited to file suit on me till the year was up to file an insurance claim was over. If these claims were billed to insurance the lawsuit would be cut in half if not more. Also the documents they sent me this time are different from the ones they sent in december...these documents show a write off and a balance of zero. So these are new printouts they got from the OC's to show that.

[purplebb]

Allow me to translate this for you.

"Here is a rope with a noose and a chair. Please put this rope around your neck, step in this chair and then kick the chair out from under yourself"

Lol....yes I get that, I wasn't going to give them my income information. But do I answer? What do I say? Are they trying to settle because I compromised the lawsuit by contacting the OC's and having them take off some of the charges?

[usagi555]

Yes it is over the medical debt. The invoices they just sent me, totals are less then the amount that they are suing me for, even if I add in the interest from the lawsuit, it is still less. Also one of the OC's told me that they were taking a couple hundred off of the bill because it should have been billed to insurance...which I told the CA when they called me in april and it would have been still in the time limits to file an insurance claim, but he refused to send me any invoices at that point and so I couldn't contact any OC's on any bills because he didn't give me that information. So they waited to file suit on me till the year was up to file an insurance claim was over. If these claims were billed to insurance the lawsuit would be cut in half if not more. Also the documents they sent me this time are different from the ones they sent in december...these documents show a write off and a balance of zero. So these are new printouts they got from the OC's to show that.

OK, but is does the OC still own the debt? If the printouts read zero, it is possible, at least from my perspective, that you are dealing with a JDB. Is an OC actually named as the plaintiff in the suit, or is it some rumpraider like Midland or Asset Acceptance?

[purplebb]

The reason they want to work it out is they have intel about the arbitor. They want you to stipulate because among other things arbitors get paid alot.

You have to decide what is best for you, but I don't see how this is good for you a stipulated judgment is a judgment just the same and if you miss payments the get the judgment.

They have to know you will prevail. If they have violations to counteract the amount they claim then politely inform them they have made these violations.

also now would be a good time to contact your health plan and see if they require the hospital to take what they give and not charge the rest to you. Also if the health plan has denied claims that they shouldn't have make them a co-defendant.

Maybe they have denied some frivilous claims of the hospital and the hospital is now trying to pass that on to you.

check all that for leverage against the plaintiff.

maybe the health plan can help with documents sent to the hospital for the billing errors.

Well as for the arbitrator I chose one of the ones they chose and then they backed out and since they didn't mean to circle that one and wouldn't stipulate. So I filed that paper where they circled the one I wanted with the court, they sent an answer saying they would not stipulate and the court chose the other person they chose which I did not want.

Actually the settlement conference asks for the insurance company to be present.

And the claims were never billed to the insurance even though all that was needed was that information to be passed on or 30 seconds to check the computer for benefit info.

I wasn't contacted by them before they sent me to collections, I had moved. These places are a lab and an imaging place and they are both things that get sent out of the hospital or dr's office. So the dr's office failed to provide my updated contact infomation and my insurance information.

[purplebb]

OK, but is does the OC still own the debt? If the printouts read zero, it is possible, at least from my perspective, that you are dealing with a JDB. Is an OC actually named as the plaintiff in the suit, or is it some rumpraider like Midland or Asset Acceptance?

The OC is not named as the plaintiff it's asset systems inc. But one of the OC's said they were taking off some of the charges so it seems like they still have power to do something. Another one said they can't do anything for me once the year passed to file a claim and that once a suit is filed then they can't do anything. But that is conflicting with both offices.....he response was that we don't have the same policies as other offices.

[usagi555]

The OC is not named as the plaintiff it's asset systems inc. But one of the OC's said they were taking off some of the charges so it seems like they still have power to do something. Another one said they can't do anything for me once the year passed to file a claim and that once a suit is filed then they can't do anything. But that is conflicting with both offices.....he response was that we don't have the same policies as other offices.

Hm, if you were in NM I'd know just how to be all over them for this. I'm not sure if any of what applies here would apply there. A quick google search shows them to be a 501©3! Whiskey Tango Foxtrot? You need to find out where those extra fees came from, and you do have discovery with which to do that. Maybe not in arb, but you should have a right to a trial de novo. A 501©3 taking the assignment of a debt in its name, suing over it, and the extra fees sounds very fishy to me.

[purplebb]

Hm, if you were in NM I'd know just how to be all over them for this. I'm not sure if any of what applies here would apply there. A quick google search shows them to be a 501©3! Whiskey Tango Foxtrot? You need to find out where those extra fees came from, and you do have discovery with which to do that. Maybe not in arb, but you should have a right to a trial de novo. A 501©3 taking the assignment of a debt in its name, suing over it, and the extra fees sounds very fishy to me.

I don't think it's extra fees, I think they either can't add or they have bad records.

I'm pretty sure I have the right to trial de novo but I think I have to go through mandatory arbitration and then the settlement conference and the hury trial before I can ask for it.

But after all these fees for all of this I will have paid half of what the lawsuit is for....and if I lose I get all the attorney's fees, interest, and a judgement....so that really sucks.

If I win can I recover all these costs? Or would I counterclaim for that?

Wouldn't it be an "implied contract" that the OC's would bill insurance? Implied contract is what they are suing me for. Would I can a claim against the OC's for that?

[purplebb]

I recieved a notice from the arbitrator today, I'm a little confused. It says I need to send him pre-hearing statements of proof and served on all parties 14 days prior, what is a pre-hearing statement? He also wants the pleadings sent to him immediately (does that mean a copy of my answer?). And any pre-hearing issues that need to be addressed...what would those be?

It also says that each party's arbitration fee is $500 of which $350 of it needs to be paid to him 14 dates before the appointment. I'm confused as to what fees are what and where they go. The court also said to pay them for the pre-conference settlement and the hury trial. Help!!!

[usagi555]

I recieved a notice from the arbitrator today, I'm a little confused. It says I need to send him pre-hearing statements of proof and served on all parties 14 days prior, what is a pre-hearing statement? He also wants the pleadings sent to him immediately (does that mean a copy of my answer?). And any pre-hearing issues that need to be addressed...what would those be?

It also says that each party's arbitration fee is $500 of which $350 of it needs to be paid to him 14 dates before the appointment. I'm confused as to what fees are what and where they go. The court also said to pay them for the pre-conference settlement and the hury trial. Help!!!

OK, you need some OR specific help. I'm aghast at even the possibility that anybody would have to pay that much to defend themselves in a court mandated arbitration. It's completely ****ing disgusting.

[inthesticks]

Yes it is over the medical debt. The invoices they just sent me, totals are less then the amount that they are suing me for, even if I add in the interest from the lawsuit, it is still less. Also one of the OC's told me that they were taking a couple hundred off of the bill because it should have been billed to insurance...which I told the CA when they called me in april and it would have been still in the time limits to file an insurance claim, but he refused to send me any invoices at that point and so I couldn't contact any OC's on any bills because he didn't give me that information. So they waited to file suit on me till the year was up to file an insurance claim was over. If these claims were billed to insurance the lawsuit would be cut in half if not more. Also the documents they sent me this time are different from the ones they sent in december...these documents show a write off and a balance of zero. So these are new printouts they got from the OC's to show that.

Have you contacted your insurance company about this? Depending on the type of insurance you have, and if this is a contracted provider, they might be contractually obligated to write off a charge that was not timely filed with the insurance company due to the provider's error.

[purplebb]

Have you contacted your insurance company about this? Depending on the type of insurance you have, and if this is a contracted provider, they might be contractually obligated to write off a charge that was not timely filed with the insurance company due to the provider's error.

I am in the process of doing so, because I believe they are contractually obligated. But I am getting the run around...called at least 10 places this morning and they all told me I had to call someone else, then when i got to the right place they said I wasn't covered with them at that time...but I was. So hopefully I get some call backs shortly.