leadlegs Posted November 4, 2012 Report Share Posted November 4, 2012 My wife and I had our first experience in small claims court on Friday. We were sued for medical bills totaling $2500.00 that were incurred from 2007 through 2010. There were about 40 small bills that totaled the 2500.00.After taking the advise of a lot of members here I dug in, did a lot of homework and won in about 5 minutes flat. The best part was after the Judge dismissed it he admonished the prosecuting attorney for bringing a case to court that he was "woefully unprepared to prosecute" and told me that I might have been the most prepared defendant he's ever seen.All in all it was a great experience and I have to say thanks to everyone here. Only bummer is that there's no one else suing me right now, it might be awhile before I try to improve my record to 2 and 0. Link to comment Share on other sites More sharing options...
Public Enemy Posted November 4, 2012 Report Share Posted November 4, 2012 Only bummer is that there's no one else suing me right now, it might be awhile before I try to improve my record to 2 and 0.Great job. Sounds like we have another Coltfan in the making. Link to comment Share on other sites More sharing options...
racecar Posted November 4, 2012 Report Share Posted November 4, 2012 ::allhail::Good work 1 and 0 is good enough. Link to comment Share on other sites More sharing options...
My~Cuz~n~Vinny~ Posted November 4, 2012 Report Share Posted November 4, 2012 Way To GO!!!!!!Congrats. Nice to hear the judge git on the supposed attorney at law. Link to comment Share on other sites More sharing options...
Beergoggles Posted November 4, 2012 Report Share Posted November 4, 2012 Good Job, Maybe a clone of Coltfan? Link to comment Share on other sites More sharing options...
ladyhunter Posted November 4, 2012 Report Share Posted November 4, 2012 What an awesome job! Key: NEVER give up! Link to comment Share on other sites More sharing options...
antiquedave Posted November 4, 2012 Report Share Posted November 4, 2012 GREAT JOB!The more I work on the genealogy the more I am convinced that we are all related. Link to comment Share on other sites More sharing options...
1stStep Posted November 4, 2012 Report Share Posted November 4, 2012 Nice work!If you're able to, try to get any costs back from the plaintiff. Link to comment Share on other sites More sharing options...
leadlegs Posted November 6, 2012 Author Report Share Posted November 6, 2012 Thanks for the congrats everyone. It really was kind of a fun experience.......once I calmed down and stopped shaking like a leaf. I think one of the key issues was after the plaintiff submitted his "evidence" (a three page account summary from the hospital) the Judge asked me if I had any cross examination questions I'd like to ask. I asked him to explain the methods he uses to insure that each individual claim was valid and in fact owed. He replied that they don't do that, they rely on the information provided by the hospital.The Judge went through 3 of the 40 claims with me where I proved they weren't owed then said I've seen enough and dismissed the case with no protest from the plaintiff.In closing I'd just like to say that if anyone is being sued over medical bills don't just roll over and accept it! I discovered a multitude of accounting errors on the hospitals part, insurance errors in accepting or denying claims and a huge problem with "timely filing of claims". There's some new laws on the books that address when a medical provider can seek payment from a patient if they screw up the insurance filings. They have to submit claims in a timely manner (defined in your insurance contract) and if they fail to do so they cannot come after you for payment in most cases.Do your homework and you'll have a good shot at prevailing! Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 6, 2012 Report Share Posted November 6, 2012 It really was kind of a fun experience.......Nice to meet you my long lost twin brother !! Link to comment Share on other sites More sharing options...
4ever Posted November 6, 2012 Report Share Posted November 6, 2012 Congratulations! This forum is full of great members who are instrumental in helping us stand up and defend ourselves. Link to comment Share on other sites More sharing options...
Flyerfan Posted November 6, 2012 Report Share Posted November 6, 2012 Nice job. You're giving the rest of us the confidence to fight. Link to comment Share on other sites More sharing options...
Softwear8 Posted November 6, 2012 Report Share Posted November 6, 2012 My wife and I had our first experience in small claims court on Friday. We were sued for medical bills totaling $2500.00 that were incurred from 2007 through 2010. There were about 40 small bills that totaled the 2500.00.After taking the advise of a lot of members here I dug in, did a lot of homework and won in about 5 minutes flat. The best part was after the Judge dismissed it he admonished the prosecuting attorney for bringing a case to court that he was "woefully unprepared to prosecute" and told me that I might have been the most prepared defendant he's ever seen.All in all it was a great experience and I have to say thanks to everyone here. Only bummer is that there's no one else suing me right now, it might be awhile before I try to improve my record to 2 and 0.BRAVO!!! Link to comment Share on other sites More sharing options...
saytar Posted November 6, 2012 Report Share Posted November 6, 2012 Nice to meet you my long lost twin brother !! You mean he has a brother!!!!!!!!!!!!!!!!!!!!!!!!!:shock::shock::shock::shock::shock: Link to comment Share on other sites More sharing options...
Seadragon Posted November 7, 2012 Report Share Posted November 7, 2012 (edited) Thanks for the congrats everyone. It really was kind of a fun experience.......once I calmed down and stopped shaking like a leaf. I think one of the key issues was after the plaintiff submitted his "evidence" (a three page account summary from the hospital) the Judge asked me if I had any cross examination questions I'd like to ask. I asked him to explain the methods he uses to insure that each individual claim was valid and in fact owed. He replied that they don't do that, they rely on the information provided by the hospital.The Judge went through 3 of the 40 claims with me where I proved they weren't owed then said I've seen enough and dismissed the case with no protest from the plaintiff.In closing I'd just like to say that if anyone is being sued over medical bills don't just roll over and accept it! I discovered a multitude of accounting errors on the hospitals part, insurance errors in accepting or denying claims and a huge problem with "timely filing of claims". There's some new laws on the books that address when a medical provider can seek payment from a patient if they screw up the insurance filings. They have to submit claims in a timely manner (defined in your insurance contract) and if they fail to do so they cannot come after you for payment in most cases.Do your homework and you'll have a good shot at prevailing!I would like to here more about the specifics because many times my wife has to call the insurance and contest an improperly coded bill from the clinic. Disputing with them goes nowhere but calling the insurance always gets that problem solved.I think in cases of medical debt if we can show that it was improperly coded from the ICD-9 book that you can show that the worker who coded this did it because they were told to and not mistake. The real question is if you can now go after them for 40 HIPPA violations.a Coltfan clone would do that you know, That is a way to get that 2-0 record. Also FDCPA for misrepresenting the character or nature of a debt. And disclosure to third parties namely the process server anyone they substitute served. You know all the things that you were emotionally traumatized for.Oh and great job on the smackdown. Good Judge make sure you vote for him.(not intended as political but a method to support judges who get it.) Edited November 7, 2012 by Seadragon Link to comment Share on other sites More sharing options...
PlayinPoker Posted November 13, 2012 Report Share Posted November 13, 2012 Congrats! leadlegsAfter reading the posts on this site, I am encouraged to try pro se.It is clear that the deck is stacked, but there are tools, and many knowledgable folks have given much to help with the fight! Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 13, 2012 Report Share Posted November 13, 2012 It is clear that the deck is stacked, but there are tools, and many knowledgable folks have given much to help with the fight!Yes, the deck is stacked against these junk debt buyers and creditors, but that is no reason for us to have mercy on them. Link to comment Share on other sites More sharing options...
Princess2 Posted November 13, 2012 Report Share Posted November 13, 2012 congrats! Link to comment Share on other sites More sharing options...
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