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Medical collections, judgement pending -- update and what to do?

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Anonymous
Not applicable

Medical collections, judgement pending -- update and what to do?

I'm so frustrated!

 

I posted details of my situation on an earlier thread ("Collection Agency on Credit Report"). I've been trying to get legal advice, but I can't seem to find an attorney with any experience (I used ncac.net -- the attorney I found is nice but  clueless!)

 

I read the HIPAA process, and much of it doesn't seem to apply to my current situation. Isn't it too late to dispute a debt that's already in collections, with a judgement pending? The doctor's are out of it --the CA owns the debt.

 

Bottom line -- CA's attorney served me with a threat for a judgement. I filed for an extension and have until the end of the month to settle. I can PIF -- all I want is the negative information to be removed from my credit report. I have made several phone calls to the CA -- but they told me "no." 

 

Facts about the debt:

 

I was injured in a car accident by a third party. DOFD - Jan 10 through March 2008. 

 

The debts were turned over by the treating physicians to the CA (who I assume bought the debt and is now trying to collect).  

 

I haven't written any letters -- again, none of the samples seem to apply to me.

 

Any advice how I can get the CA to remove negative items from my CR if I agree to PIF?

 

thanks!

LLH 

Message 1 of 4
3 REPLIES 3
fused
Moderator Emeritus

Re: Medical collections, judgement pending -- update and what to do?

Welcome to the forums! First of all, the most important goal in your situation is to avoid being sued. Once a medical judgment hits your reports, you can kiss away using the HIPAA letter process. Public records, unlike collections, resulting from medical debt are exempt from HIPAA...what does this mean, you do not have protection under HIPAA once the bad debt is reported as a public record.

 

How much do you owe? I doubt the CA owns the debt, doctors almost never sell bad accounts, they are almost always transfered to a CA for collections. have you tried to offer payment to the OC? I hate having to work directly with the CA, but this might be your only option to avoid a much bigger mess. It will be easier to pay the debt now and use the HIPAA process later than trying to get a med judgment off of your reports. 

Message 2 of 4
Anonymous
Not applicable

Re: Medical collections, judgement pending -- update and what to do?

Thanks Fused --

 

The total amount (form various providers) is a little over $500, but the CA is demanding attorney's fees and court costs, which are compounding and currently add up to another $500 (and the CAs attorney is refusing to neogitate that as well).

 

I have tried working with the the OC's, but they all tell me "Sorry -- that has been turned over to collections." They won't even talk to me!

 

The CA's lawyer  sent a bill from the OC's listing the amounts, but no other validation.

 

I'm on a deadline here -- I filed for an extension over the judgement hearing, but that is up next week.

 

Can I dispute the bill, even though we are now a week away from a judgement hearing, or is it too late? 

 

Or would it be best to pay everything now, avoid the judgement, and try to resolve everything else after the fact? What should I do that will result in the least amount of damage to my CR?

 

thank you so much!

Message 3 of 4
fused
Moderator Emeritus

Re: Medical collections, judgement pending -- update and what to do?

I would not dispute with the CRAs or send a DV letter to the CA. Collections and judgments are equally damaging to FICO scores, but it's easier to have a paid med collection deleted using the HIPAA process than a med judgment w/o the HIPAA process.

 

I have to say I'm very suprised a CA is going to sue you over $500, this is really scummy. I hate to say this, but you should pay it and at a later time use the HIPAA process.

Message 4 of 4
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