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  1. What exactly are you asking?? Legal standing for WHAT?? If the repo is still on your reports then you can dispute it off as being obsolete. If you are asking if you can sue for damages you would have to prove that their actions caused you harm and that you made an effort to resolve the matter while the account was on your reports. I suggest you get your credit reports and check to see if there are any discrepancies such as unknown addresses, misspellings of your name or alternate SS#s. https://whychat.me/GUIDEBOOK.html
  2. IMO (NOT a legal opinion) the issue of SOL is moot as if there was no proper service the judgment can (and should) be reversed.
  3. Your lawyer should not only have the judgment vacated but file a countersuit against the CA and Chase for damages. Making a "settlement" is an admission of responsibility. Get a better lawyer. Aside from everything else, if they filed suit against you for a medical debt from 9 years ago it would have been invalid as the SOL (statute of limitations) is at MOST 4 years.
  4. If the transport service is Governmental (ie a County service) it is probably tied up in an archaic computer system. If it is private (for profit) it would depend on the computer systems of the provider. I suggest you look up (google) the name of the provider and see if there are any actions or activities regarding billing that have been reported.
  5. So your relative will owe $2,171-- If he/she has a medicare advantage plan they may have a $7,500 cap. It is more than likely that if you saw the billing for the hospitalization and medical services it would far exceed the ambulance billing in proportion to what medicare allows.
  6. I suggest you try to get a lawyer to help you and to file AGAINST the CA who has improperly and fraudulently attempted to collect on a judgment that is no longer in force. (please give me your State so I can confirm the facts)
  7. Given that Ex and TU deleted, your next step would be(if you don't get a response from the follow up dispute) a filed complaint against Eq to the CFPB https://whychat.me/hipaaftccomp.html As soon as you have proof of receipt of the above medical DVs, you send each CRA this: FOLLOW UP DISPUTE LETTER TO CRAs https://whychat.me/ltrcavalhipaa.html#DISPUTE
  8. Send the hospital a certified letter ( without signature required) as follows. FORM LETTER TO ORIGINAL HEALTH CARE PROVIDER (Your Name) (address) (City,State, zip) s.s.# (social security #) HIPAA Compliance Office ( health care provider creditor) (address) (date) Dear Sir/Madam; This letter is in reference to (account #) for services provided to (name of patient) on (date of service). In regard to the bill on this account in the amount of (use last billing amount) This account is a billing error. It has been paid, proof of payment attached (use last statement from your insurance) . In addition I am demanding that you correct your billing department's records. If my insurance made an adjustment in their payment you are not permitted to retroactively balance bill my account. It is not a valid bill and is hereby been properly disputed, therefore I request complete deletion from all your agent Medical Revenue Service's records. Please be advised that under Federal Statutes. the Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. You may be held liable for the actions of Medical Revenue Service. or any reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. The Privacy Rules prohibits a covered entity from using or disclosing an individual's protected health information ("PHI") unless specifically authorized by the individual or otherwise allowed under the Privacy Rules. Your furnishing of my account information to Medical Revenue Service, is not in compliance with HIPAA, and any subsequent reporting of this account on my credit reports would be a clear violation of Public Law 104-191 ("HIPAA") In addition the new Omnibus Final Rule states: when accounts have been paid in full, they can instruct their provider to refrain from sharing information. This letter serves as that instruction. Therefore I am requesting you promptly rescind all such account information furnished to Medical Revenue Service and require them to purge their records of all reference to this account. Please respond, in writing within 10 days that you are processing this request. I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request. I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your E &O insurance carrier. Sincerely, signature (Your Name)
  9. Does the case file show that an application to enforce the judgment or obtain any garnishment has been applied for?? (I doubt it) Is the party that obtained the original judgment the SAME party that is now attempting to collect on it?? If it IS showing in the case file you should file a motion to deny the application for garnishment on the grounds that the original judgment was filed over 16 years ago and never renewed and that the party attempting garnishment has no standing as there is no record of assignment of the original judgment. You should also tell your wife's employer (in writing) that the attempt to garnish is fraudulent and that the party attempting it has no standing and should NOT be provided any information.
  10. Send the letter WITHOUT the sentence as the response you received is patently incorrect and therefore invalid.
  11. I think you are being scammed by a JDB( junk debt buyer) and an incompetent hospital billing department. Follow the guide: https://whychat.me/GUIDEBOOK.html Carefully check your reports for misinformation-- wrong spelling of your name- unknown addresses - unknown collection items etc. If you have not received any communication IN WRITING (snail mail) from anyone then you should NOT respond to the text message in any way. If you have received ANY mail correspondence from anyone, let us know what it is and we will respond appropriately. Any future communication with the billing department at the hospital should be by certified mail NOT by phone or e-mail or text.
  12. You need to file a motion to deny all the assertions and vacate any filed judgment (also go to the Court records and see if any judgment WAS actually recorded) I also suggest you try to get a consumer lawyer to help you and to file a complaint against the party currently trying to reactivate a fraudulent judgment.
  13. I can't believe that the 1st notification you have had of this issue is a Court service. Are you sure you have had NO other communication from whomever is suing you?? Are you sure that you are actually BEING sued?? Check with the Court and make sure that this isn't some kind of fake scam from a JDB (junk debt buyer) . Get your credit reports and see if there is anything on there about this issue. https://whychat.me/GUIDEBOOK.html If you are actually being sued.--Re-check ALL your records from your Health Insurance Co. AND your car insurance. They are required to maintain records for 5 years. Get your EOMBs (explanation Of Medical Benefits) from both of them. Get a lawyer to respond or go to the "Help I've Been Served" forum in this site to learn how to file your own answer.
  14. I see you asked for your post to be deleted, however I am going to answer your question. If it is a legitimate medical bill from a medical service within the past 2 years you should pay it directly to the provider. If it is not a valid bill or is over 2 years old put it in your recycling bin.
  15. I am assuming you defaulted on the "Zombie" credit card over 4 years ago?? If so, you should NOT pay it as all that will do is to update the entry to a "paid" collection. Try this: https://whychat.me/GUIDEBOOK.html https://whychat.me/SOL PROGRAM GUIDE.html If the account is not deleted with the initial dispute letter to the CRAs-- then you can send the reporting CA this; https://whychat.me/nottoca.html If neither of these steps work then look to see when it will age off your reports and wait it out. The older the negative account is the less impact it will have on your scores.
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