Got "pre-collections" letter Friday

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arm2428

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I had an emergency surgery back in January. The hospital bill is over $31K. I can't pay it. I tried to negotiate with the hospital and they refused to work with me. I worked out a payment plan with all the other doctors, and bills from that surgery, but the hospital was a no-go. I don't know what else to do about this. I've never been in collections before, and I'm scared to death of getting sued. Bankruptcy is not an option at this time. I need my cash to live on. How long on average to go from "pre-collections" to getting sued? Any other advice?
 
Hospitals rarely sue. They often threaten.

You can invoke provisions the Hill-Burton Act.




*The Hill-Burton Act is a federal program which requires obligated facilities (health care facilities including hospitals that have used federal money for facility reconstruction or modernization) to provide free or low cost health care services to people living in the facility's area who cannot


afford to pay for the services. To be eligible, a person must not be covered by, nor receive services under, a third-party insurer or a governmental program such as Medicaid or Medicare. If income is less than current Poverty Income Level, facility services may be free. If income is greater than but not more than double Poverty
Income Level, services may be provided at full charge, reduced charge, or free. It is not necessary that applicants be U.S. Citizens. Patient need only have been living in the U.S. for a minimum of 3 months. (Note: Hill-Burton facilities must provide a specific amount of free care per year, but can stop services once they have given that amount.)



*The Hill-Burton Act is administered by the U.S. Department of Health and Human Services.

Hill Burton Hotline: 1-800-638-0742

Website: http://www.hrsa.gov/hillburton/default.htm

You may obtain a list of Hill-Burton facilities by contacting the Dept. of Health and Human Services at the website above or by calling its 800 number.

*APPLICATION PROCESS:

1. Find the Hill-Burton obligated facility nearest you from the list of Hill-Burton obligated facilities.
2. Go to the facility's admissions or business office and ask for a copy of the Hill-Burton Individual Notice. The Individual Notice will tell you what income level makes you eligible for free or reduced-cost care, what services might be covered, and exactly where in the facility to apply.
3. Go to the office listed in the Individual Notice and say you want to apply for Hill-Burton free or reduced-cost care. You may need to fill out a form.
4. Gather any other required documents (such as a pay stub to prove income eligibility) and take or send them to the obligated facility.
5. If you are asked to apply for Medicaid, Medicare, or some other financial assistance program, you must do so.
6. When you return the completed application, ask for a Determination of Eligibility. Check the Individual Notice to see how much time the facility has before it must tell you whether or not you will receive free or reduced-cost care.

http://www.infoline.org/informationlibrary/documents/hillburtonactcw.asp
 
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I was turned down for financial assistance or charity care because I had $18K in the bank at the time of the surgery. The hospital found out when I applied for f.a. Had to send hubby's proof of income (less than $200 a week), and a bank statement. I don't have anywhere near that now, but some. If not for the cash, they would've written it off. I've heard situations like mine are exactly who the collections agencies like to go after and sue. I don't have anything else they could get. I saw a bankruptcy lawyer a month after the surgery and she told me not to pay any of the medical bills, but I have been making payments on the small ones.
 
You should have listened to the lawyer.

By paying any amount, it only excited and agitated their feeding frenzy.

These creeps are like sharks.

They live to destroy you.

You might be able to try again for financial forgiveness now that your situation has changed.

Otherwise, I'd think real hard about bankruptcy.

Your financial situation is one of the reasons we have a bankruptcy law.

If you don't do something, these bums will make your life a living hell!!!
 
The hospital told me that appeals are futile. They go by what you had when you came in to the ER. They said I had the ability to pay. Really? 18K does not equal 31K. I'm so scared. I have 5K in the bank, I can use to pay the doctor bills and regular bills. And not much more. We also just went through major tornadoes in Alabama. We are okay, but had quite a bit of damage in our neighborhood. Where's the sympathy? I know the CA's are vultures.
 
arm2428 said:
The hospital told me that appeals are futile. They go by what you had when you came in to the ER. They said I had the ability to pay. Really? 18K does not equal 31K. I'm so scared. I have 5K in the bank, I can use to pay the doctor bills and regular bills. And not much more. We also just went through major tornadoes in Alabama. We are okay, but had quite a bit of damage in our neighborhood. Where's the sympathy? I know the CA's are vultures.
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If I had $5,000 in the bank and these hyenas were sniffing around, I'd take all of it out, except for about $200.

These devils may try to get your bank account frozen.

They have very clever ways to do very dirty, hurtful things.
 
Are you a lawyer? I've been told trying to hide assets is a bad idea, as well as illegal. I already took out a big chunk when I first realized what was probably going to happen. I just panicked. I've been told when I get sued, there will probably also be a supplemental hearing, where they will be able to question me about my finances. I think that's probably what scares me the most. If they think I'm lying or trying to "defraud my creditors", I could be charged with perjury, fraud, or contempt of court. I don't want to go to jail all because I got sick.
 
arm2428 said:
Are you a lawyer? I've been told trying to hide assets is a bad idea, as well as illegal. I already took out a big chunk when I first realized what was probably going to happen. I just panicked. I've been told when I get sued, there will probably also be a supplemental hearing, where they will be able to question me about my finances. I think that's probably what scares me the most. If they think I'm lying or trying to "defraud my creditors", I could be charged with perjury, fraud, or contempt of court. I don't want to go to jail all because I got sick.
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Yes, I'm a lawyer.
I didn't tell you to HIDE anything or DECEIVE anyone.
I said I would remove my funds from my checking account IF I were in your situation.
If I did that, it wouldn't be fraud.
Why?
I haven't been sued.
I have no obligation to disclose my assets to anyone absent due process and court order.
A court takes no notice of your assets in a dispute over a debt.
The court concerns itself with deciding if you owe the debt that is being litigated.
Furthermore, we don't incarcerate debtors in the USA.
Owing a creditor money or being in debt isn't a criminal act.
Neither is deciding to take out money from YOUR checking account and convert it to CASH.

Finally, the only thing that happens in a matter such as this, if the defendant loses; is a judgment for the plaintiff.
The court won't collect the debt.
The court won't order you to pay.
The defendant has to take the judgment and then attempt to use the legal process to seize your assets to satisfy the debt.
If a bank account is depleted when the plaintiff tries to seize the assets, oh well.
It happens every day in this country.
Can the plaintiff seize cash?
Yes, but they can't strip search you or search the strong box in your closet!
Owing a debt is not a crime.
Not paying that debt is not a crime.
Not cooperating with a plaintiff trying to seize your junk is not a crime.

No one goes to prison for getting sick and not being able to pay a hospital bill in this country.
No one, not yet, anyway!
Yeah, I'm a lawyer, a damn good one!
 
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I appreciate all your answers. I really do. It's good to know I'm talking to a lawyer. I've been researching this quite a bit, and have heard all kinds of stuff. Most of it scares me. So if the collection agency sues and gets a default judgment, what happens next? Will I be summoned to court? I'm not trying to be a pain. I've never been through anything like this before. I've always paid my bills, I just can't this time.
 
The only way a plaintiff gets a default judgment is if you failed to appear in court. You shoukd not allow that to happen.

Eventually, if you're sued, you'll be summoned to appear.

You'd be wise to be there, even if you don't know what to do.

I suggest you begin researching defending lawsuits or hire a lawyer.
 
When I was turned down for financial assistance by the hospital, I went to a bankruptcy lawyer. She told me in order to declare bankruptcy, I would have to turn all my cash over to the bankruptcy court. I told her I couldn't do that, I need the money to live on. So she told me to just let the CA's bug me and don't pay. She seemed to think I'd have a year to a year and a half to spend the money. It seems like it's happening a lot faster than that. How long do these things usually take?

Thanks for all your help. I appreciate it.
 
Once these buzzards get started, they rarely go away.

You could change your telephone numbers and give the new ones only to trusted associates.

Don't even give them to the pizza man, your job, no one!!!

That will cool then off, when they can't annoy and pester you verbally. They will still send letters.

Now, the cash. People have been known to lose lotsa cash at a casino. If you were unlucky, then the cash wouldn't be an issue.

No one can prove you didn't lose the cash. Or, the cash could have fallen out if purse never to be seen again.

Bankruptcy.

Talk to a different BK lawyer.

I'm sorry to hear your cash was misplaced.
 
I got my first collections letter on Thursday. They say if I don't dispute the debt, and don't make arrangements to pay it, which I can't, they will start a lawsuit against me in 30 days. They say they will get a judgment against me and they will win. All of this in just the first letter! I am really scared now. I was told I'd probably have 6 months of collections activity. It doesn't sound like they will wait that long. I don't know what to do.
 
arm2428 said:
I got my first collections letter on Thursday. They say if I don't dispute the debt, and don't make arrangements to pay it, which I can't, they will start a lawsuit against me in 30 days. They say they will get a judgment against me and they will win. All of this in just the first letter! I am really scared now. I was told I'd probably have 6 months of collections activity. It doesn't sound like they will wait that long. I don't know what to do.
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Threats, just empty threats to scare you into paying anything.

Don't pay them a dime.

Yes, you can dispute the debt.

I would ignore the letter.

It is, after all, just a letter.

It carries no force or effect of law.

They are nothing more than a scumsucking, bottom feeding, scavenger, garden variety debt collector.

You don't have to do anything.

I would ignore them.

If you respond, they get excited and attack.

Only respond to a real lawsuit.

Only respond to a summons from a court in your state.
 
No 3rd letter?

I got the first collection letter last week of July, the second one in last week of August. I haven't received a third letter since then. Is a summons and lawsuit imminent? I thought I would have at least six months of collections activity. I'm worried I'm going to get served soon. Is this usual? They are still calling, but I never answer. It seems like that has slowed down, too, the past couple of days.
 
arm2428 said:
I got the first collection letter last week of July, the second one in last week of August. I haven't received a third letter since then. Is a summons and lawsuit imminent? I thought I would have at least six months of collections activity. I'm worried I'm going to get served soon. Is this usual? They are still calling, but I never answer. It seems like that has slowed down, too, the past couple of days.
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No one can tell you if you're going to be sued.

If I had that talent, I'd use it to predict winning lottery numbers.

I suggest you remain vigilant.

If you are served, defend.

You should also keep checking with your local courts to see if you've been docketed.

Sometimes these crooks lie about serving you to get default judgments.

Be proactive, not just reactive.

I also suggest you change your number to unlisted, non-published.

Then don't give it to anyone but trusted associates.

Also, don't ever discuss any financial or legal business on the telephone.
 
I'm sure you have a lot more experience in these types of matters, whereas I have absolutely none. In your opinion, and experiences, how likely is it that I will be sued? The debt collectors don't usually stop this soon, do they? Oh, and no phone calls from them at all yesterday. That has not happened in a couple of months. There is nothing for them to get but a small amount of cash in the bank. My husband has not been getting to work much with the bad economy, and we've been living on my money, pretty much. And I only see it getting worse. In fact, I have been looking for a job myself. Even if they garnish it, I still need a job.

Oh, and in your experience, what is the timeline that these things usually take? I know you can't predict the future, I'm just saying in general, what is normal?
 
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