No validation of debt, but still being sued...

[MystiB]

I had a medical procedure 04/05/2010. Received notice on 04/11/10 of $16,226.00 for total charges from hospital being sent to insurance. Received EOB from insurance on 04/29/10 confirming $16,226.00 and my portion would be $396.71. Received bill from hospital on 05/17/2010 that I owed $396.71. Paid hospital $396.71 06/09/2010. I have ALL original paperwork and receipts for this.

Received bill from collections agency on 11/3/2010 that the amount I owed is $1611.98. I sent them all the above paperwork and asked for validation of debt. Received nothing.

Received bill from collections lawyer on 02/03/2011 that the amount I owed was $1803.47. I sent them also all the above paperwork and asked for validation of debt. Received nothing.

Received bill from the same collections lawyer on 12/13/2012 that the amount I owed was $2190.03. Again, I sent them all of the paperwork and asked again for validation of the debt. Received nothing.

Was served 03/11/2013 with a civil suit from the collections lawyer for $1611.98 + 376.13 interest + $250 attorney fees + all costs to date and all future costs of the suit.

I've spoken to the lawyer and asked again for the validation of the debt. All I have received from him was a print out (NOT from the hospital) showing $16,226.00 total and $2008.69 as Co-Insurance charges. I played Devil's advocate on myself and called the insurance company and they have absolutely no paperwork whatsoever supporting the supposed change in the amount I owed. Ditto for the hospital. No one, anywhere, can tell me why my portion of the payment went from $396.71 to supposedly $2008.69 (or the other three amounts I've received letters stating that I owe).

The collections lawyer has already asked for and received three continuances, so the absolute court date is next Thursday. I cannot afford to hire a lawyer, and want to know: Should I file for a motion to dismiss? If so, how would I go about filing that motion?

BTW - I have a THREE INCH BINDER absolutely stocked FULL of all the various medical bills and EOBs and my payments from this time frame of illness. I can PROVE that I pay the bills as they are given (and proven) to me. Just like I paid this one.

 

[army judge]

Let him sue you. Stop wasting your time. Can't you see it? He's bullying you hoping you'll just pay MORE money.

So, let him sue. If what you said is true, you'll win this hands down. You've paid all you owe. Just to be safe, see if your insurer will provide you with a letter stating you've FULLY met your co-pay and obligations in regard to paying the bill.

Then sit back and wait. You're only dealing with a bottom feeding, shingle renting, collection scavenger. His job to get you to send him money, money that you don't owe.

Take ALL of your proof to court, with copies for the court and plaintiff, if you wish to provide exhibits. Those would be the documents indicating you've paid your portion in full.


Sent from my iPad3 using Tapatalk HD

 

[MystiB]

Thank you so much, army judge! I did ask the insurance company to send me all paperwork pertaining to the claim, and they said that they have nothing at all that they can send me - not even the information on the out-of-pocket maximum because the records don't exist anymore. I know I was playing my own Devil's Advocate, but I wanted to make sure that I had any and all paperwork that might be used against me. If I can't get it, as the insured, then I'm sure the lawyer cannot get it, either. Supposedly he was going to get in touch with his "contact" at the hospital that I supposedly owe the money to so he can get this "validation" but he hasn't come up with anything in three months. And when I called the hospital myself, they weren't even aware that I was being sued!

 

[army judge]

Thank you so much, army judge! I did ask the insurance company to send me all paperwork pertaining to the claim, and they said that they have nothing at all that they can send me - not even the information on the out-of-pocket maximum because the records don't exist anymore. I know I was playing my own Devil's Advocate, but I wanted to make sure that I had any and all paperwork that might be used against me. If I can't get it, as the insured, then I'm sure the lawyer cannot get it, either. Supposedly he was going to get in touch with his "contact" at the hospital that I supposedly owe the money to so he can get this "validation" but he hasn't come up with anything in three months. And when I called the hospital myself, they weren't even aware that I was being sued!

Never dance with the devil, and don't dig your own grave.