Old Medical Bill

[Anonymous]

My question involves collection proceedings in the State of Oklahoma.

My husband went to the hospital in July, 2006, just a few days after he quit his job. We did not provide insurance information at the time because we did nto want to provide false information. However, as it turned out, he was actually covered through the insurance through the end of the month. Everytime we got a bill from the hospital for this visit, he would call them and give them the insurance information. To no avail apparently because he was recently served a notice as to a small claims case in the county where we live. Obviously he doesn't have this insurance anymore as he no longer works for that company.

My questions are this:

1)  Can we go back to the hospital and require them to get the insurance to pay their portion of it.
2)  The law firm representing the hospital never sent us a debt verification notice, or an intent to sue notice - isn't this required by the FDCPA?
3)  Can we counter sue the hospital and bring in the insurance company for their portion of the bill?

4)  How do I get this off his report?

5)  Is there anything all we can do to reduce the amount owed - his insurance should have paid 80% of it?

[Anonymous]

2)  The law firm representing the hospital never sent us a debt verification notice, or an intent to sue notice - isn't this required by the FDCPA?

           They do not have to send you validation BUT  check your state law on how a court notice must be sent to you. Each state has their own law dealing with service of a court summons!!!

        You should always appear in court for all summons.

        The FDCPA has nothing to do with it. IF a judgment was ordered then they can and will report! (judgment)

When a judgment is ordered the only way to get it deleted is to go to court & file a *vacate* order. This can be done if you were not properly served OR the lawyer can file.

AS to the ins.    I would mail a letter to the billing dept.of the hospital and ask why they never filed a claim with your ins. com. You do not need to go into detail about lose of job or not giving it to them at the time. You might also mail one to the hosp.lawyer.

[Anonymous]

Thank you for the information.  I work for a foreclosure firm and we have to write a DVN letter to give the debtor a chance to notify us of any dispute.  I assumed that they'd have to do the same.  They've done everything right as far as suing him is concerned, except for this law firm is in Missouri and the individual attorney would need to have a license to practice law in OK in order to file this suit (he may have - I don't know).

Can they go back and get the insurance to pay this very old claim?  Or can they make a claim on this very old service rather as I don't think it ever was "claimed" to begin with?  If so, then I can show that the insurance needs to pay their part and then we'll be in more of a position to work with the hospital on paying the rest.  I'll work on a letter now.