Legal Question in Credit and Debt Law in California

My aunt had a car accident due to this she was a quadriplegic the rest of her life and lived in a convalescent home. Her money spent on medical bills and had to ask for medical benefits in the state of California, when she passed away my mom and I inherited her house and debt. We agreed to make monthly payments to the State recovery department, under a fixed interest but I'm really confused about the way they are charging the annual interest. At the initial hearing I asked them if I could be able to pay more every month so this amount could be reflected on the principal, they said yes but 4 years passed already and I don't see this reflected. What kind of law or service do I need to review this? the interest I'm paying is 7% which seems to be high compared to the bank interest given at the moment to a person asking for a loan. I also have doubts of how the state charged this bill because there are some services in the bill that my aunt didn't receive when she was alive but they told me at that time that I had to investigate myself because they paid those bills already. So Medical never reviews before paying? I feel I'm trowing my money to the trash can. Thanks for reading and help ;)


Asked on 7/20/11, 6:46 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You need to contact someone who specializes in the field of Medi-Cal law, as it is a very specialized field, and I doubt that anyone who works in that field is on this forum. I believe from your post that you understand that the reason you are repaying the debt is because you inherited her assets. Your other option was to liquidate the asset to repay her creditors to the extent that the sale of her assets could, but it is too late now, and it sounds as if you are under an administrative order to repay the debt. I cannot comment as to how they have been applying the payments, except to say that you should review that with an accountant or CPA - someone sufficiently familiar with loan repayment schedules to determine if the State is calculating the balance owed properly. As far as the interest rate is concerned - this is not a mortgage, this is essentially an unsecured debt. As such, 7% is less-than they could have recovered if they sued you and obtained a judgment. Finally, yes it is up to you, or was up to your Aunt to investigate the bills being paid on her behalf. The insurer (Medi-Cal) pays bills as presented by physicians. They do not have the staff, nor frankly the obligation to ensure that your Aunt actually received the treatments that her physicians allege she received. If you can prove that the physicians improperly billed Medi-Cal, then you may have an action against them on behalf of her estate to recover what they over-billed, but that is entirely up to you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 7/21/11, 4:53 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California