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Old Feb 29, 2008 | 04:11 PM
  #1  
bigdaddyII's Avatar
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Has anyone ever..........

had a judgement brought against them for defaulted medical bills? I just received a call from my wife telling me that we were served papers for medical bills from a couple years back. I could not afford to pay them at the time and they were thrown on the back burner and eventually forgotten about. The collections agency that bought the debt contacted me a few months ago and wanted to set up a payment plan that required me to pay $850 a month on the bills, which I cannot afford either. I ended up sending them $500 and the next month $100 and last month $100, and today I have been served. I have 13 days to answer the court or pay. I will pay it out, finances will be uncomfortable for a while but I owe them and will pay. I was just wondering if anyone has actually been to court over this, and what happens when a judgement is made?
 
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Old Feb 29, 2008 | 04:16 PM
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It all depends on your locale. Around here, you would have to show the court your overall income and expenses, and then they might garnish your wages.

Jason
 
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Old Feb 29, 2008 | 04:26 PM
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(This is not legal advice only opinion)

In theory, an unresolved debt never goes away. You do not specify what kind of medical debt you incurred. I would be surprised if it were from a hospital, but smaller surgical centers and MD clinics can and do sell debt. Its a nasty business and most do not want the grief and backlash from patients.

That said, you have a right to know EXACTLY what you are being charged for. The first thing to do is request an itemized statement of charges and your(wife's) complete medical records. Go over this with a fine tooth comb and look for any duplicate charges, unexplained charges, charges for which there are no orders, etc. You would surprised how many billing errors occur in the medical field. If you find any, the provider must correct the mistake and you debt becomes temporarily void until the mistake is rectified. If you have questions or concerns about your bill, the provider must provide a clear and concise explanation of what each charge is for. Obviously, this can take A LONG, LONG time to resolve...wink, wink..

Your collectors cannot do anything until you have completed your analysis as outlined above. You may have to pay for copying records but otherwise, they are to furnished free of additional charges. Medical providers have something like 6 weeks, under current law, to provide you records. Tell them you are in no hurry. In the meantime, contact an attorney that specializes in medical affairs. There should little or no cost for an interview and he/she can outline the options available to you.

Best of luck.
 
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Old Feb 29, 2008 | 06:00 PM
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By statute debt does go away. One of the few things in this country which doesn't have a statute of limitation is murder. It varies by state from 2 years to 15 years, depending on the kind of debt. In your state:

Contracts: 10 years.
Open accounts: 3 years.
Lawsuits, which are filed but not pursued, become null three years after the last action taken.

After that period you can legally tell them to go pound sand. Have 3 years past, or is it coming up? If not, it sounds like they're trying to get you in court before the 3 year deadline.

The worst thing someone can do with medical bills is ignore them. If you're dead broke send them $5 each month. It shows intent to pay and most will take it, keeping the collectors at bay.
 
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Old Feb 29, 2008 | 06:02 PM
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i would go to court and answer it you should bring to court the records of the payments you have made and then calmly tell the court if they insist on $850 a month you will be forced to declare bankruptcy and the debtor who you are willing to pay if they will work with you, will get nothing.. this way they will get their money, which you admit to owing, or they can push it and get nothing..
Im not saying declare bankruptcym but if you threaten it and show you are attempting to reslove the matter it will work favorably for you
 
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Old Feb 29, 2008 | 06:29 PM
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Around here if you pay atleast $10 a month they can't take you to court.
 
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Old Feb 29, 2008 | 07:47 PM
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If you're going to pay it out in a lump sum, offer them somewhere between 60% - 70% of the total. They probably bought the debt for 10-20 cents on the dollar so anything over and above that is profit for them and if they don't have to go to court, even better. Just say "Hey, I've got this much, I can give it to you today." They will likely take it.
 
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Old Feb 29, 2008 | 09:47 PM
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Another not fact but opinion.

I've read that most debt collectors do not have all the information required on hand to pursue court hearings. It seems like the article talked about taking the debt collector to court and having the collections canceled due to either a no show by the collection agency or a lack of evidence on their part.
 
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Old Mar 1, 2008 | 02:39 AM
  #9  
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Just tell them that your name isn't spelled in all CAPS, and you don't know who "BRYANT WHATEVERYOURLASTNAMEIS" is. I think they will leave you alone then.

If You don't know what I'm talking about, read this: http://www.truthsetsusfree.com/MeetYourStrawMan.pdf


then listen to this lady: http://www.youtube.com/watch?v=wK3JY...eature=related
 
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Old Mar 1, 2008 | 06:17 AM
  #10  
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From: Southern MD
Many, many years ago, when I first started having problems with my back, I had a series of epidural (sp??) shots done at my local hospital.

Now, this part is key. . .
The procedure was done in a recovery room, with me sitting in a chair, leaning on several bundles of clean linens and bed sheets. EACH time!

I was sent a bill that included "Use of Operating Room" on dates blah, blah, blah.
The bill was in excess of $5,000 for the use of the operating room.

I spoke to my insurance company about why this bill wasn't paid.
They had no answer.

Two months later, I get a call from a collection agent at the hospital.
They wanted payment in full.
I contested the bill and told them that I had not received the services that I was being charged for and I wasn't about to pay what I didn't get.

This lady stated that "they were allowed to charge that through the Maryland Medical Board."

"Fine, get the money from them."

This lady said that she (quote) "Was going to send a collection agent to my house to get the money."

"Fine. Tell your collection agent that I keep my wallet in my left hip pocket. Also, as he's reaching for my wallet, I'm going to be cranking a .45 automatic into his ear. I do not pay for services that I do not receive. Understand?
I'll see you fine folks in court, ma'am."


I got a statement from the hospital three days later, with a revised total.
The "Operating Room Charges" had been removed.
 
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