Certified letter from court. Now what

[Baxter2929]

About a year ago I received medical services.   I was misdiagnosed, prescribed antibiotics that's made me worse, forced to take time off work without pay, etc.  I have not signed for the letter, but suspect I'm being sued for my portion of the bill which was about $1200 plus whatever else they can tack onto this.  At one point the cfo agreed to lower the bill to $450 and admitted I was treated un-fairly.  What are my options now????

[Clydesmom]

1 hour ago, Baxter2929 said:

What are my options now?

Defend the suit or settle it.  "Unfair" has ZERO bearing in a lawsuit.  Until you know what the letter is about all you can do is speculate.

[kraftykrab]

6 hours ago, Clydesmom said:

Defend the suit or settle it.  "Unfair" has ZERO bearing in a lawsuit.  Until you know what the letter is about all you can do is speculate.

That is not at all accurate.  It's way too early and we have way too little information to try to make such a claim as that.

For example, a lawsuit for debt collection is a lawsuit for money damages.  Suppose the party that charged the OP did actually admit that the charges were unfair?  Suppose the OP had record of the service provider saying that?  How would a debt collector walk into a court--which is a place of equity--and tell the judge to just ignore the fact that the OP was "charged unfairly", and award the full amount sought anyways?  Does not work that way.  "Unfair" has LOTS of bearing in lawsuits, depending on the specific laws in question in that suit.  There's a law called the Unfair Trade Practices Act....I'm guessing that they put "unfair" in the name of that law specifically because it DOES have some bearing in court, again, depending on the circumstances.  

We do not have nearly enough info from the OP to make a claim that "unfair" has no bearing on his/her case.  It may very well end up not having anything to do with it, but you cannot make that claim without knowing more than what was posted so far.  

 

OP--definitely get the letter, it's never a good idea to ignore a court.  You need to know what this matter is about.  It might not even have anything to do with the debt you mentioned.  Once you know, let us know and we can go from there.

[Clydesmom]

9 hours ago, kraftykrab said:

That is not at all accurate.

Oh it very much is.  MEDICAL debt cannot be treated like credit card debt which is what the majority of posters like you do.  It has an entirely different defense.

Based on the fact pattern given in the first post the OP was offered a substantial discount that the provider did not have to give and still didn't pay.  This isn't a case of using a credit card that was ultimately sold to a junk debt buyer.  The person went to a medical provider and got care.  Whether the care is malpractice is an entirely different argument.  The OP would have to file a med/mal counter claim to the suit in order to allege they should not have to pay for the care due to an incorrect diagnosis.  The problem is an incorrect diagnosis does not automatically mean malpractice or negligence.  The burden of proof that the provider's care fellow below the minimum standard is on the OP and they would need a medical expert's opinion (which will cost several thousand dollars just for the review of the records) that the care was malpractice or negligence.  If there is none then "unfair" is not a defense to the suit.

Ohio courts are VERY creditor friendly and to go into a suit where the Plaintiff has proof you got the care, agreed to pay, and were given a discount and STILL didn't pay with an "I think its unfair" defense will not work.  The Plaintiff can easily make the argument that they had some sympathy for their plight and offered the discount and after XX months when they still did not pay the entire amount again became due.  They can just as easily counter that defense with it is substantially "unfair" that they offered a discount and the bill STILL wasn't paid.

9 hours ago, kraftykrab said:

How would a debt collector walk into a court--which is a place of equity--and tell the judge to just ignore the fact that the OP was "charged unfairly", and award the full amount sought anyways?

If you still believe a court is a place of equity you are delusional.  Court is about who makes the best argument and which way the Judge liens.  PERIOD.   You have ZERO proof that the OP was charged "unfairly" and the reality is even if the court is objective and going on facts medical bills are the one area that is almost completely unregulated as to what a provider may charge.  This isn't a situation of them adding on interest or fees after the original creditor charged off the account or an interest rate that exceeds the state maximum.  Again, you are trying to apply a defense to a situation that it doesn't fit.  This isn't a case of the account being sold several times and there is a chain of custody defense.  The provider has the medical records, billing statements, and financial agreement to back up their case.   

9 hours ago, kraftykrab said:

There's a law called the Unfair Trade Practices Act

Which will not apply to a medical bill that was discounted and still refused to pay.  The cost of medical care is still unregulated unless the patient is on Medicare or Medicaid.  Unfair trade will not apply.

9 hours ago, kraftykrab said:

We do not have nearly enough info from the OP to make a claim that "unfair" has no bearing on his/her case.

I have 31 years in the medical field and have seen this WAY too many times to count.  You are clueless about how this area of debt collection works and attempting an "unfair" defense is not going to fly in even the most liberal and consumer friendly of courts.

[kraftykrab]

On 8/21/2016 at 9:36 AM, Clydesmom said:

Oh it very much is.  MEDICAL debt cannot be treated like credit card debt which is what the majority of posters like you do.  It has an entirely different defense.

Entirely different defenses?  First off, you need to calm yourself.  I NEVER tried to claim that all the defenses are the same, because it's obvious that they are not.  HOWEVER, in the state of Ohio, medical debt HAS been determined to be consumer debt, and while the defenses are in many cases different, there ARE consumer protection laws in Ohio that apply here.  For example--

http://www.ohioattorneygeneral.gov/FAQ/Debt-collection-FAQs#FAQ406

" The federal Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act cover consumer debts used primarily for personal, family or household purposes, such as credit cards, auto loans, utility bills, medical bills, mortgages and some student loans. They do not cover debt owed to a governmental agency, such as unpaid parking tickets, child support or taxes. "

I'm gonna take the word of the Ohio Attorney General over your 31 years of experience, thanks.

 

 

On 8/21/2016 at 9:36 AM, Clydesmom said:

Based on the fact pattern given in the first post the OP was offered a substantial discount that the provider did not have to give and still didn't pay.

Discount?  The guy admitted to the OP that mistakes were made---that's not a "discount".  It's an attempt to correct a MISTAKE.  There's quite a difference there.

On 8/21/2016 at 9:36 AM, Clydesmom said:

This isn't a case of using a credit card that was ultimately sold to a junk debt buyer.  The person went to a medical provider and got care.  

Please provide the text of my post where I claimed that it was.

On 8/21/2016 at 9:36 AM, Clydesmom said:

Whether the care is malpractice is an entirely different argument.

Medical Malpractice is not the only possible error in the medical field.  In your 31 years of experience, I'd hope that you would know better than that.  Have you ever known anyone who was billed for services that they never received?  Billed for treatments and medications that were never given or prescribed?  I sure do--it's happened to me.  Ever know anyone who was billed differently because they are a minority?  I do as well.  

Look, all I told you was that we do not have enough info from the OP's post to know what's what.  That's IT.  Why do you feel the need to take this so damn personally?  You really need to knock this nonsense off.

 

On 8/21/2016 at 9:36 AM, Clydesmom said:

Ohio courts are VERY creditor friendly and to go into a suit where the Plaintiff has proof you got the care, agreed to pay, and were given a discount and STILL didn't pay with an "I think its unfair" defense will not work.  The Plaintiff can easily make the argument that they had some sympathy for their plight and offered the discount and after XX months when they still did not pay the entire amount again became due.

Right, because creditors all the time specify that one was "treated unfairly" solely out of sympathy for their plight....again, your 31 years of experience should have taught you that people in that position are routinely taught NEVER to use such words lightly.  This was not merely a case of someone feeling bad for the patient's end result--UNFAIRLY is a far cry from "I sympathize".  

On 8/21/2016 at 9:36 AM, Clydesmom said:

If you still believe a court is a place of equity you are delusional.  Court is about who makes the best argument and which way the Judge liens.  PERIOD.

I'm about sick of watching you run around here insulting people.  You are an adult, you should have no trouble making a point without attacking people in the process.  And it's LEANS, not "liens".  31 years of experience in the field, and you confuse a lien with direction?

On 8/21/2016 at 9:36 AM, Clydesmom said:

You have ZERO proof that the OP was charged "unfairly" and the reality is even if the court is objective and going on facts medical bills are the one area that is almost completely unregulated as to what a provider may charge.

Did I EVER say that I had any proof that the OP was charged unfairly?  I said WE DO NOT HAVE ENOUGH INFO.  Is this REALLY that hard for you to understand?

On 8/21/2016 at 9:36 AM, Clydesmom said:

This isn't a situation of them adding on interest or fees after the original creditor charged off the account or an interest rate that exceeds the state maximum.

It ISNT?  How do you know?  The OP NEVER told us any of that kind of information for you to make such a claim...then, or now.  Again, we do not have enough information to pinpoint ANYTHING.  That's what I told you in my first post, and it's what I'm telling you again right now.  But you, lacking any kind of info whatsoever, can automatically tell us what they charged the OP, that it was legit and within the scope of the law, and that no other billing errors were ever present?  

 

You REALLY need to get over yourself and calm down.  Is it just even remotely possible that my post was a simple statement of fact, and not something for you to take so personally and attack people over??  Yeah, I think so.

 

On 8/21/2016 at 9:36 AM, Clydesmom said:

Which will not apply to a medical bill that was discounted and still refused to pay.  The cost of medical care is still unregulated unless the patient is on Medicare or Medicaid.  Unfair trade will not apply.

Again, you are simply flying blind.  You ASSUME that this is nothing more than a debt that the OP refuses to pay.  Like I already told you, there is not enough information posted in this thread for you or anyone else to know that.  You cannot assume everything is as you claim every time someone comes into this forum and posts a thread with no details in it. You could very well be correct that this is just a case of a guy who refused to pay a bill.  But UNTIL WE KNOW THE CIRCUMSTANCES, the truth remains that all you're doing is GUESSING here.  And you damn sure dont have any business insulting someone else in the way-too-taken-personally defense of said guess, so knock it off and start acting like an adult.

Incidentally, the UFTPA--the same law that you said does not apply here--in my state DOES cover the medical field.  Guess your 31 years of experience don't know about everything after all....

On 8/21/2016 at 9:36 AM, Clydesmom said:

I have 31 years in the medical field and have seen this WAY too many times to count.

A janitor in a hospital has experience in the medical field.  Your point is.....?  What exactly is your experience?  Medical billing?  Collections?  Medical services provider?  Cafeteria worker?  Orderly?  Supply room clerk?  

On 8/21/2016 at 9:36 AM, Clydesmom said:

You are clueless about how this area of debt collection works and attempting an "unfair" defense is not going to fly in even the most liberal and consumer friendly of courts.

Lets try this one more time.  THIS is exactly what the sum total of my first post said:

On 8/20/2016 at 11:34 PM, kraftykrab said:

We do not have nearly enough info from the OP to make a claim that "unfair" has no bearing on his/her case.  It may very well end up not having anything to do with it, but you cannot make that claim without knowing more than what was posted so far.  

NOW, please look through that, read it twice if you need to...then, please point out for me where I EVER claimed that the OP should attempt ANY defense at all, let alone an "unfair defense".  Tell the truth, please.  It's time for you to stop attacking people for no good reason and if you cannot handle mature discussion without wrongly insulting people for things they never even tried to say, then just move on already.  Your act is very tired, very unproductive and unnecessary, and it was so the first time I saw you treat someone else like garbage in here.  Enough's enough already.

[neweuquol]

The first thing you need to do is accept the certified letter.  In some states, if a letter is returned unclaimed, that can be deemed effective service.

Then you do what everyone else here is doing and prepare the defend to the lawsuit.    It sounds like you already know what you are being sued for and your possible defenses so it is best to get the ball rolling.

I can give you horror stories of people getting judgments against them for substantial sums or losing a home in foreclosure because they were scared or thought they were outsmarting the system.

In Louisiana, if you see your name in a publication and it asks you to call this specific lawyer, you might want to do it.  Chances are you have been served through that lawyer with something major (like a home foreclosure) and that lawyer is trying to find you and tell you about it.   Once he/she publishes that ad, he has done his job, reports to the court he could not find you, and you kiss your house good bye,