Legal Question in Credit and Debt Law in California

Old Medical Bill

I recently receive a notice from a collection regarding a bill for medical services which were performed over three years ago.This was done originally as part of a Personal Injury case. The case settled for noniminal amount and all of the other providers wrote off what they did not get paid

as the services were performed under a PI lien. They never billed me at all. All the other providers billed me.

They have now added three years worth of interest to the bill. The initial phone call to the collector got me a threat to sue,I explained that I would file a claim with my insurer which they never did. I subsequently faxed a letter noting my dispute and this prompted an intent to sue letter. I know the games these guys play. What should I settle this for? I never agreed to be responsible for the bill if the insurer did not pay?


Asked on 9/25/05, 12:08 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Old Medical Bill

Your PI lawyer should have paid all liens. Contact your lawyer.

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Answered on 9/25/05, 12:30 pm
Steven Wickman Wickman & Wickman

Re: Old Medical Bill

A lien provider would have sent bills to your personal injury attorney and not you directly (if they did at all). Contact your previous attorney immediately and provide him/her copies of all bills, correspondence you received regarding this account. One question that I have is regarding the mention of your insurance. Did you have health insurance or medical payments (med-pay) coverage through your own car insurance? If so, you/your previous attorney need to find out if coverage for this bill is available. Finally, you may have a case against the collection agency who contacted you. If you contact me, I can tell you whether or not you have a case.

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Answered on 9/25/05, 3:02 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Old Medical Bill

if your personal injury attorney did know/not know of this bill and/or did/did not pay the bill, he/she would have the answers you seek here. however, if this bill is "fictitious", you are well within your rights to dispute it and require the collection agency to validate the debt, including the alleged interest. if they cannot adequately do so, then this matter can be adjudicated in your favor and/or simply removed from your credit reports for lack of "evidence". if you simply want to settle the matter, typically you can settle the dispute for 30-50% of the alleged balanced owed, especially with legal representation.

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Answered on 9/25/05, 5:11 pm


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