Collection Service Nightmare - Help!

[Ruth]

I have been dealing with a collections agency since June 2004 regarding a doctor's bill in the amount of $217.49, which I believed to have been paid in 2003. I contacted the collection's agency and spoke with two representatives, who berated and verbally abused me on the phone, and told me that they were taking me to court as I had not paid the bill. They stated that I not only owed them the aforesaid amount, but also $240.55 in ancillary fees. I have informed them in writing that I would not be paying ancillary fees as I did not even realize I had an outstanding bill and felt that they were taking advantage of the situation.

As I could not find receipt of payment for the bill or check history of payment. I sent a letter to the collections agency explaining that I was a full-time student, and that I would be glad to make payments to fulfill the debt owed in the amount of $217.49 plus the interest of $29.38, even though I believed the bill to be already paid, but could not afford the full amount up front. The collections agency did not respond so I ended up borrowing the full amount of $217.49 plus $29.38 in interest and paid off the debt, because I did not want to go to court and wanted the matter resolved.

I was first contacted on June 16, 2004 regarding this debt and had it paid in total by July 10, 2004. I did not hear back from the collections agency (even though I did send a letter asking for a receipt), so I believed the debt to be paid.

However, last week on January 5, 2005, I received a letter from the county courthouse stating that the aforesaid collections agency is taking me to court as I have not paid the bill. I also received a letter from the collections agency stating that I have not paid the bill of $217.49.

I have copies of all documentation sent between myself and the collections agency, along with copies of the money orders sent and postage paid and sent "certified mail".

I cannot believe I am still be harassed by them. What can I do to make sure that this is taken care of once and for all, and is there any way that I can do something so that someone else does not have to deal with this agency treating them the same way?

 

[NYClex]

Since they brought it to court, a judge will probably look at your documentation and decide. What you need to do is to follow all the procedure that is required so they cannot get a summary judgment against you just because you did not know what you had to do.

It depends on the kind of court they are taking you to. If it is small claims court, the procedures usually are very informal. If it is regular court, you probably need to submit an answer to the claims etc. You might want to either consult an attorney, or at least go to the court clerk and find out what exactly is expected of you.

Then on the court date you take all your documentation and request a judgment in your favor that dismisses all their claims.

If you don't have an attorney, may be you have a debt counseling agency in your city (make sure it is a bona fide one, preferably run by the city, county or some reputable charities like churches!!), they might be able to consult you about how to deal with that, too.

 

[Cowboygeno]

Hospital bill

I had out patient foot surgery. Was sent home and home health care from the hospital came to my home and put me on drip morphine. Well I ended up in the hospital with an overdose of morphine from a morphine drip at home. I was very close to death, all my organs was shutting down. I was in the hospital for two weeeks. Then back again two weeks later from a blood clot from a IV they put in me.I've been home for 5 months on blood thinners.

My wife and I are both on disablity.She has had cancer.I had foot surgery that I ended up OD on morphine from the hospital home health.

What I'm trying to say is, this stay in the hospital was not my fault. I have insurance helping me with the bill. We have been paying the hospital what we can every month,but now we have been turned over to a colletion agency. This whole thing was there mistake and why am I being punished for this? What can I do?

Gene

 

[Cowboygeno]

I had out patient foot surgery. Was sent home and home health care from the hospital came to my home and put me on drip morphine. Well I ended up in the hospital with an overdose of morphine from a morphine drip at home. I was very close to death, all my organs was shutting down. I was in the hospital for two weeeks. Then back again two weeks later from a blood clot from a IV they put in me.I've been home for 5 months on blood thinners.

My wife and I are both on disablity.She has had cancer.I had foot surgery that I ended up OD on morphine from the hospital home health.

What I'm trying to say is, this stay in the hospital was not my fault. I have insurance helping me with the bill. We have been paying the hospital what we can every month,but now we have been turned over to a colletion agency. This whole thing was there mistake and why am I being punished for this? What can I do?

Gene

 

[NYClex]

This is tricky, but you might have a case against the home health care. It really depends on the details. Does the home health care service belong to the hospital? Then you might want to talk to them and point out that but for their mistake you would not have been in the hospital and that you expect them to bear the costs and see how they will respond. If they do not, you might want to consult a medical malpractice attorney.