Legal Question in Credit and Debt Law in Florida

unresolved medical bills-attny did not honor lop

Hello

I have just been served an appearance notice from attorney representing a Co. that was not payed from settlement. (long story) This law firm did not honor most LOP'S, and now I am being sued left and right for medical bills that I tried in good faith to negotiate down (asked for courtesy adj) This radiology co. refused to work w/ me, refused my offers of lower amts that I offered in writing. I do not think that I should be held accountable for bills that should have been payed out of settlement w/ an LOP, supposedly protecting me. I have not been able to work since 03 due permanent injuries from accident-but can't qualify for SSI since I don't have enough work credits. My husband and I own a small biz, and he pays me when money is available so I can earn enough work credits to eventually qualify for SSI. Can they garnish my sporadic wages, or take our home? we are on the brink of losing everything, (home, Biz)this is unreal. what can I do? Can I get a judge to throw this out?I cannot afford legal counsel. please help. Also, would what this attorney did to me be considered legal malpractise? should I sue?


Asked on 12/02/08, 10:25 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: unresolved medical bills-attny did not honor lop

I cannot answer all of the questions you have. It would take a book. Most of what I am going to say is general in nature. If the creditors were not paid from the settlement, then you own the money. Was there no insurance to cover any of it? Did the doctors submit the bills to the insurance co? Did they over bill and or balance bill? Did your lawyer not settle with the doctors because you did not want to pay the docs what they wanted? If you did not agree to pay the docs, then the money should have been interpled and the court would decide what is right, but that does not translate into necessarily good result for you. If the atty signed the LOP, then he is on the hook too. If you have the money the docs were supposed to get, then you can try to negotiate yourself with then. (Why was there not enough money to satisfy eveyone?)

If your husband did not sign the letter of protection, then he is not responsible. Cannot take home if in both names and or homestead.

I suggest you speak to your attys about this and find out whether there is a solution, since they are the deeper pockets for the docs.

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Answered on 12/02/08, 10:37 pm


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