Please help with CA / medical bill

[joeynox]

just received this in the mail. http://i6.photobucket.com/albums/y233/JoeyNoX/IMG.jpg

[breeze]

I take it they haven't served you. One of the big problems with this is that you've pretty much admitted it's yours, so your defense would be the SOL or the fact that you believe it was being paid for you. I would take the free legal appointment.

 

You can go on the court website and find the lawsuit.

 

If you are in the city, they can serve you via regular mail, so be careful not to throw it away.

[joeynox]

I checked e court and the attorney filed the lawsuit on sept 16th the same day he gave to ge my dv in and my dv was sent in and returned to me on like the 11th or 12th. I'm going to contact a lawyer on Monday or I may contact the lawyer for the hospital and see if we can work something out.

[joeynox]

update

 

i spoke with my mothers attorney who is working on a lawsuit for her and he said he wil help me regarding this issue. I still havent been served and the "complaint" was filed in civil court on 9/16/11. i received a letter in the mail that stated a complaint has been filed against me and i would have to come to the court house to pick up th e complaint. my mothers attorney told me to get the "complaint" from the court house so tomorrow i will be picking it up. the letter says

 

"attention a summons and complaint has been filed on a consumer credit transaction asking the court to render a judgement against you.You may wish to contact an attorney. you must answer at the location and within the specified time on the summons. if you do not appear in court the court may grant a judgement against you.If you have not received the summons go to th civil county court house and bring this letter with you"

 

so tomorrow i will be going down to get whatever they have.Im hoping i wont have to appear in court for this. the Attorney is helping me as a favor and i know hes really busy with other cases.

this is what is listed on Ecourts site

Court:Bronx County Civil CourtIndex Number:CV-060153-11/BXCase Name:Montefiore Medical Center vs. JosephCase Type:CivilClassification:GeneralFiling Date:09/16/2011Disposition Date:Calendar Number:Jury Demand:NoJudge Name:

Attorney/Firm(s) For Plaintiff - Montefiore Medical Center:Arnold A. Arpino & Associates, P.C. Attorney Type: Firm 155 East Main St.

Smithtown, New York 11787-(631) 724-5251 ext:

with no appearance date

Edited November 22, 2011 by joeynox

[muss08]

Any update?

[joeynox]

Update: the attorney that was supposed to help was unable to because of the passing of his parents which cause all his cases to be pushed back. Ive been going back and fourth since january with the hospitals attorney and at one point they said they would speak to their client about setting on 6k with a payment play ( down from 12k) . then on our last meeting ( July 16th) the attorney said that he client wants a lump sum of 6-7k and no payments. he brought a witness from the hospital who said he would like me to try and apply for " charity care" if approved my 12k would be lowered anywhere from 10 -80% . so i have to contact the witness and apply . if i dont get approved the lawyer said he would continue with the judgement against me and garnish wages and also charge me interest on the 12k that would bring the total to 17 k give or take some. I dont think i would be able to get approve for charity care. in 2005 when this happened i was making $17 hr ($720) weekly and ($500) after taxes as a family of 2 now im making a little more so i dont see how this will help. Im currently at a loss. I dont know what to do.

[Why Chat]

Update: the attorney that was supposed to help was unable to because of the passing of his parents which cause all his cases to be pushed back. Ive been going back and fourth since january with the hospitals attorney and at one point they said they would speak to their client about setting on 6k with a payment play ( down from 12k) . then on our last meeting ( July 16th) the attorney said that he client wants a lump sum of 6-7k and no payments. he brought a witness from the hospital who said he would like me to try and apply for " charity care" if approved my 12k would be lowered anywhere from 10 -80% . so i have to contact the witness and apply . if i dont get approved the lawyer said he would continue with the judgement against me and garnish wages and also charge me interest on the 12k that would bring the total to 17 k give or take some. I dont think i would be able to get approve for charity care. in 2005 when this happened i was making $17 hr ($720) weekly and ($500) after taxes as a family of 2 now im making a little more so i dont see how this will help. Im currently at a loss. I dont know what to do.

You can have a lawyer defend you on the basis of SOL, which is 4 years. Are you sure you are being sued?? Have you been served?? If so, you or your lawyer should file an answer that they have no cause of action against you and that their suit is time barred.

[joeynox]

Update: the attorney that was supposed to help was unable to because of the passing of his parents which cause all his cases to be pushed back. Ive been going back and fourth since january with the hospitals attorney and at one point they said they would speak to their client about setting on 6k with a payment play ( down from 12k) . then on our last meeting ( July 16th) the attorney said that he client wants a lump sum of 6-7k and no payments. he brought a witness from the hospital who said he would like me to try and apply for " charity care" if approved my 12k would be lowered anywhere from 10 -80% . so i have to contact the witness and apply . if i dont get approved the lawyer said he would continue with the judgement against me and garnish wages and also charge me interest on the 12k that would bring the total to 17 k give or take some. I dont think i would be able to get approve for charity care. in 2005 when this happened i was making $17 hr ($720) weekly and ($500) after taxes as a family of 2 now im making a little more so i dont see how this will help. Im currently at a loss. I dont know what to do.

You can have a lawyer defend you on the basis of SOL, which is 4 years. Are you sure you are being sued?? Have you been served?? If so, you or your lawyer should file an answer that they have no cause of action against you and that their suit is time barred.

 

 

 

i liv in NY and he sol in nyc is not 4 years its 6 years. the lawsuit was filed 4 months before the sol would have ended. yes im being sued. Ive been in court meeting with the lawyer and the Judges law clerk for 7 months. If i apple for this charity care thing i have to prove to them my income for the past few years,give them tax returns and pay stubs plus employer info. i checked the charity care site and a max a person can make is 200 % the poverty level which is like 10K i make make more than the max.

 

This is ridiculous. I shouldnt have this bill. the lawyer for the hospital said they have records that i applied for medicaid but was denied in 2005/2006. if i didnt listen to the doc and would have just done an outpatient program for my kidneystone i wopuldnt have this bill. seriously who stays in a hospital for 2 days for a kidneystone.

 

i went to the ER and was told by a doc/social worker that since i dont have healthcare that if they admitted me as an emergency "i wasnt" that medicaid would cover my costs "they didnt" . the surgery was scheduled for the next day , the surgery was pushed back due to the doc not being able to amke it so i had to stay an additional day making it 2 days @ $4500 per day wheni wasnt even in any pain i was just following what the social worker/doc had planned to get my surgery paid for by medicaid.

 

i cant believe this .

[Why Chat]

Update: the attorney that was supposed to help was unable to because of the passing of his parents which cause all his cases to be pushed back. Ive been going back and fourth since january with the hospitals attorney and at one point they said they would speak to their client about setting on 6k with a payment play ( down from 12k) . then on our last meeting ( July 16th) the attorney said that he client wants a lump sum of 6-7k and no payments. he brought a witness from the hospital who said he would like me to try and apply for " charity care" if approved my 12k would be lowered anywhere from 10 -80% . so i have to contact the witness and apply . if i dont get approved the lawyer said he would continue with the judgement against me and garnish wages and also charge me interest on the 12k that would bring the total to 17 k give or take some. I dont think i would be able to get approve for charity care. in 2005 when this happened i was making $17 hr ($720) weekly and ($500) after taxes as a family of 2 now im making a little more so i dont see how this will help. Im currently at a loss. I dont know what to do.

You can have a lawyer defend you on the basis of SOL, which is 4 years. Are you sure you are being sued?? Have you been served?? If so, you or your lawyer should file an answer that they have no cause of action against you and that their suit is time barred.

 

 

 

i liv in NY and he sol in nyc is not 4 years its 6 years. the lawsuit was filed 4 months before the sol would have ended. yes im being sued. Ive been in court meeting with the lawyer and the Judges law clerk for 7 months. If i apple for this charity care thing i have to prove to them my income for the past few years,give them tax returns and pay stubs plus employer info. i checked the charity care site and a max a person can make is 200 % the poverty level which is like 10K i make make more than the max.

 

This is ridiculous. I shouldnt have this bill. the lawyer for the hospital said they have records that i applied for medicaid but was denied in 2005/2006. if i didnt listen to the doc and would have just done an outpatient program for my kidneystone i wopuldnt have this bill. seriously who stays in a hospital for 2 days for a kidneystone.

 

i went to the ER and was told by a doc/social worker that since i dont have healthcare that if they admitted me as an emergency "i wasnt" that medicaid would cover my costs "they didnt" . the surgery was scheduled for the next day , the surgery was pushed back due to the doc not being able to amke it so i had to stay an additional day making it 2 days @ $4500 per day wheni wasnt even in any pain i was just following what the social worker/doc had planned to get my surgery paid for by medicaid.

 

i cant believe this .

The SOL for medical services in NY is 4 years, not 6 ubder U.C.C. - ARTICLE 9 .PART 1. SHORT TITLE, APPLICABILITY AND DEFINITIONS

[joeynox]

u told me months ago u were wrong and in ny its 6 yrs not 4

[Why Chat]

u told me months ago u were wrong and in ny its 6 yrs not 4

OK, you are correct. NY considers medical debts to be a "contract".

 

How are you figuring the 6 year SOL?? What was the date of your hospital confinement and surgery??

 

Since you are being sued directly by rhe hospital, the advise I gave you before is not applicable.

 

Good luck, I hope your lawyer can rely on whatever records you have about having applied for assistance and believing you were covered under the assistance program at the time. You may also be able to bring up a seldom used defense, ie if the hospital made no attempt to collect from you until recently they had effectively abandoned their claim.