Sued for Medical Debt

[novice]

I have been sued for Medical Debt (1.5 yr old) by the debt collector. What should be my approach if I want to pay it off. Should I directly pay the hospital using the pay to delete method, or should I send the payment to the debt collector attorney?

[hegemony]

is this you first notice of the debt?

[centex]

Since you have been sued, any negotiations HAVE to go through opposing counsel.  It is the same reason that the collection entity is not supposed to contact YOU directly.  

 

Is this even reporting?  If not, then PFD discussions are not productive as there is nothing to delete.  If the collection entity is the Plaintiff, then the hospital or professional group is out of the equation and could not accept funds even if you offered them payment in full.  

[novice]

16 hours ago, hegemony said:

is this you first notice of the debt?

I did get bills from there hospital earlier, but don't remember seeing anything from this debt collector. But with the amount of junk mail I receive, its possible that I may have missed something.

[novice]

15 hours ago, centex said:

Since you have been sued, any negotiations HAVE to go through opposing counsel.  It is the same reason that the collection entity is not supposed to contact YOU directly.  

 

Is this even reporting?  If not, then PFD discussions are not productive as there is nothing to delete.  If the collection entity is the Plaintiff, then the hospital or professional group is out of the equation and could not accept funds even if you offered them payment in full.  

Thank you. The summons says that the plaintiff is the hospital and then gives the plaintiffs attorney information

 

However in the footnote of the complaint, it says "please note that this communication is from a debt collector"

 

Not sure, if the hospital sees the money from the suit or they just sold off the debt.

[CreditSucksNot]

6 hours ago, novice said:

The summons says that the plaintiff is the hospital

 

If the Plaintiff is the hospital then the debt has not been sold.  

 

6 hours ago, novice said:

However in the footnote of the complaint, it says "please note that this communication is from a debt collector"

 

Even though that statement is not required in litigation many attorneys have started adding it to avoid counter claims that weigh down the process.  Litigation is the one arena where the FDCPA rules about identifying as an attempt to collect a debt does not necessarily apply.  One would think it would be patently obvious that someone being sued for money is an attempt to collect the debt.  However, some consumers (not you OP) can't see the obvious many times.

[Why Chat]

I suggest you pay the hospital directly. If you can pay on line through their patient portal that would work. Or you could pay them with the attached letter, which I have shortened for your purpose. You should also opt out and get your current credit reports to avoid future problems.

https://whychat.me/GUIDEBOOK.html

 

(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 ($___):
Enclosed please find my remittance of ($___) for payment in full of this account.

Please note, my remittance is payable ONLY to (hc provider) and may not be signed over or transferred to any third party collection agency, as this would constitute a violation of HIPAA, State Privacy Act rules and the Omnibus Final Rules. Copies of this correspondence and a copy of the remittance check may be used for any further actions with State or Federal agencies.

Your furnishing of my account information to (collection agency name), is not in compliance with HIPAA and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) is a clear violation of Public Law 104-191 ("HIPAA") since there can be no permissible business purpose in divulging protected health information to anyone on an account once there is no longer any payment due.  In addition the new Omnibus Final Rule states: when patients pay out of pocket 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 (collection agency) and require them to purge their records of all reference to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports.

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)