Legal Question in Credit and Debt Law in California
Medical bills not paid by attorney
I was in a auto accident, my attorney sent me to docs. I never received any bills from docs. Case never settled. Few months ago received letter form CA. Bar Assoc. Attorney no longer practicing law my file had been confiscated along with others, sined paper work to have it forward. Now started getting calls from collections regarding medical bills for services. They say attorney never paid any of the bills and attorney no longer practicing law so unable to bill attorney. I have never received any bills from doc. office they say that all bill were going to attorneys office. They keep callin I asked them to send me copies of bills, signed contracts, anything, I sent them Certified letter to validate debt. No response just calls from collection agencies. What can I do? Please help. Thank you
3 Answers from Attorneys
Re: Medical bills not paid by attorney
The implicit question is -- What happened with your case? Was it dismissed, is it ongoing? If there's been no resolution, then another lawyer should be able to conclude it, one way or another. You might be able to check on the court's website to see what happened to it.
If the case had settled, then the attorney should have negotiated and paid any medical liens. However, you remain responsible for the medical bills. You might speak directly with the doctors rather than collectors to explain the situation, and see if they'll cut you a break.
Re: Medical bills not paid by attorney
By law, collectors are supposed to validate a debt if asked to do so. Also, if you tell them in writing to quit calling you and only contact you in writing, they must do that as well.
However, collectors often ignore these laws unless you are represented by an attorney. What I'd do is contact each of the creditors, tell them to "put up or shut up" -- in other words, prove the debts are owing or leave you alone. Then, depending on your financial situation, negotiate settlements on the debts at a discount from the amount being demanded.
Re: Medical bills not paid by attorney
I agree with the previous replies. One other thing to consider is how long it has been since you received the last medical service. If it has been longer than four years you may have a statute of limitations defense and the debt may be uncollectible. However, this might not prevent the creditor from reporting you the a credit reporting agency which would negatively impact your credit.