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Trial next week, should I settle? (Colorado)


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Hi there. You all have helped me so much, I faced this collection agency and called their bluff on going to trial several years ago for some unrelated matters. Needless to say I won and now this agency is trying to sue me again. I've used my past knowledge but now I am at the point where I have a trial next week. The plaintiff filed a motion for telephone testimony which I objected to and won, however the judge said that the witnesses must be present to testify, but if I lose, I have to pay the witness fee. Because the original amounts are rather low, I'm wondering if I shouldn't gamble on a trial and settle so I don't have to pay the fees. 

So I am looking for advice, I have attached an image gallery of their evidence and exhibits that they have sent me: http://imgur.com/a/hPOYD

I am being sued for 3 different medical debt things which totals to $400 and change, but with attorneys fees they are looking for $700 and change. I am comfortable being in front of a judge, so that is not a worry to me. I am just trying to see what you all think about their evidence, if they have a pretty sound case I would rather pay them and avoid the witness fees. But if you think that I have a pretty good case, I would gladly go for it.

Let me know what you think! I am in Colorado.

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Have you checked caselaw to see about using a reasonable value for medical services approach and how the witnesses would establish that outside of what's on those attached bills? Might be something there-

http://www.hkjp.com/Articles-Table-of-Contents/New-Colorado-Case-law-Expands-Admissible-Evidence-affecting-Billed-vs-Paid-Issue.shtml

http://www.hkjp.com/Articles-Table-of-Contents/Determining-Reasonable-Value-for-Medical-Services.pdf

Did the insurance payments look correct? Colorado insurers must pay non-network medical providers their full charges, not discounted network rates, for care at in-network hospitals. If you decide to settle, the pricing tools at the bottom of this article may help. http://www.usnews.com/news/articles/2015/02/19/even-insured-consumers-get-hit-with-unexpectedly-large-medical-bills

 

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12 hours ago, CCRP626 said:

Have you checked caselaw to see about using a reasonable value for medical services approach and how the witnesses would establish that outside of what's on those attached bills? Might be something there-

http://www.hkjp.com/Articles-Table-of-Contents/New-Colorado-Case-law-Expands-Admissible-Evidence-affecting-Billed-vs-Paid-Issue.shtml

http://www.hkjp.com/Articles-Table-of-Contents/Determining-Reasonable-Value-for-Medical-Services.pdf

Did the insurance payments look correct? Colorado insurers must pay non-network medical providers their full charges, not discounted network rates, for care at in-network hospitals. If you decide to settle, the pricing tools at the bottom of this article may help. http://www.usnews.com/news/articles/2015/02/19/even-insured-consumers-get-hit-with-unexpectedly-large-medical-bills

 

I'll look into this but from a quick reading it sounds like I would need to introduce evidence or witnesses to say that it isn't a reasonable amount?

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It looks like your debt went from HCA Healthone to Beacon Medical services then sold to wakefield?  Or is it several medical debts that were sold to wakefield? 

If its the former, I can tell you they are not going to provide a live witness unless both live in the city.  Even if they provide one, the chain wont be un broken. 

If only Shannon Dinsdale shows, you can question her on the record keeping practices of the other 2 entities, and if she has never worked for them, all the things she testifies to is heresay, and should be sustained on your objection.  All 3 witnesses would need to show for them to win. I am not so sure they will do that for 700 bucks.

study each bill, look for any discrepancies. You will want to question any witnesses on these. If you don;t find any, you question them on how records are maintain, how and where they chow any payments, etc.

If anyone other than the listed people show up object to them, they must name the witnesses, not say "or someone else". 

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From my understanding, Wakefield did not buy the debt, rather these medical providers contracted with Wakefield for Wakefield to collect. Their witnesses work in a different city, but only a 30-45 minute drive. The plaintiff seemed rather pissed off by their response to my objection for telephone testimony. I am not sure who HCA Healthone person is, there doesn't seem to be anything with HCA Healthone on it. Without someone from West Fire Metro, I should be able to object to anyone talking about that bill since no one is endorsed as an expert from there, right?

I wouldn't have a clue about discrepancies since these are the only copies of the bills that I have. 


Do you think it is worth the risk since the amounts are so low? Do you know what the maximum fees I would have to pay for the witnesses are?

Thanks for your help.

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