Legal Question in Credit and Debt Law in Pennsylvania
Belated Collection Agency Action
Three years ago my father, who is now 78 years old and in a nursing home, obtained a motorized scooter from a local medical supply company. The medical supply company did not submit the proper paperwork for preapproval to his medical insurance provider, so the claim was denied. Now, three years later, this medical supply company has turned my father in to a collection agency. He has no money now, is on a state medicaid nursing home grant. My question is since my sister and I still live in his house, can this collection agency place a lien on his house? Can they come after my sister or me for the unpaid bill? I asked the medical supply company back in April of this year to take back the scooter. The company said someone from Sales would get back to me, but no one ever did.
1 Answer from Attorneys
Re: Belated Collection Agency Action
Send the collection agency a letter saying you dispute any dept or obligation to the supply company. Copy the supply company on the letter, and use Cert. Return Reciept. Tell them that they are to make no further contact with your father, and their only recourse if to file suit. Also tell them any further contact or attempts to collect or place anything on his credit report will be a violation of the Fair Debt Prctices Collection Act.
If they file suit, go to court with a letter from the insurance company saying they will not pay for the chair, and the paperwork for the chair was never properly submitted, but it would have been paid for had the paperwork been properly processed. Here the fault was with the Med. Supply company, so they should not now be able to collect against your father.
Good luck to you and your father.
Kevin J. Begley, Esq.
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