I used whychat's method to get the medical collections removed by payment directly to the hospital. Here's the problem, the hospital had obtained a judgement ( 5/98) against me for $1200 which included three medical bills and all sorts of bogus interest charges. I have only paid two of the bills as the other was not turned over to a collection agency. I think the other bill must have been outside the sol. Anyway, all this time I thought that the hospital had sold or transferred the debt and that the listed attorney was the plaintiff. I finally took another look at the lawsuit and it clearly says ***** Hospital vs Me. Now how does this affect me. I want to get this thing off my reports and it is not scheduled to be dropped until 5/05. What should I do, because the difference between the bills and the judgement is almost $400 and I don't think that I should have to pay them. BTW, the plan was to get rid of the underlying bills and force a vacating of the judgement. I was going to try and get it vacated because it was a default judgement and I was not served but I think it is too late. I know this is long but I am confused here.
did you ask them before making payment if they would vacate the judgment once you paid the medical bills (not the interest,etc)? IMO, once you paid the debt you validated it to be yours and i don't think you could petition the court on the grounds you didn't receive the paperwork. in the state i live in, they mail court papers and it is your problem if you dont get it - as long as the CA provided the correct address. there is no "getting served." i guess it wouldn't hurt to ask the OC/CA to vacate now since the primary debt was paid.
Re: Re: Help..Used Hippa but have judgement No, didn't ask because the judgement is listed under another name on my credit reports. But, I still have a little leverage as there is still some monies owed. According to WhyChat, I should make the remaining payment and petition to vacate anyway. As they are still bound by HIPAA and would have no reason to prevent the motion because they have been paid.
Re: Re: Help..Used Hippa but have judgement how does hipaa come into play on this? i guess that is the part i am missing.
Re: Re: Help..Used Hippa but have judgement how does hipaa come into play on this? i guess that is the part i am missing.
Re: Re: Help..Used Hippa but have judgement it was used to get rid of the collections that formed the judgement. To better understand, you eould need to read the posts on the usage of it to get deletions of medical collections.
Re: Re: Help..Used Hippa but have judgement here is what i printed from whychats web: The Privacy Rule allows a covered entity to use or disclose an individual's PHI without the individual's authorization, as necessary for "treatment, payment or health care operations," all of which are broadly defined. i would be very careful in using the hipaa claim if the debt is valid. it doesn't sound as they violated your medical privacy rights, but i may be wrong. did they disclose your medical treatments and information to 3rd parties without authorization for any purpose other than treatment, payment or healthcare operations?
Re: Re: Re: Help..Used Hippa but have judgement The HIPAA use in getting rid of the judgment is predicated on any actual balance that was due having been paid. Once there is nothing left of a legitimate collection reason, there is no permissible purpose for any information to be on a credit report.And if the judgment has been paid, there is no legitimate purpose to violate the privacy rules by objecting to a motion to vacate.
Re: Re: Re: Help..Used Hippa but have judgement Here's a special calculator to calculate what your interest has accrued to: Butch's Judgment Calculator . Nutz !!! I broke it again.
Re: Re: Re: Help..Used Hippa but have judgement thanks WhyChat... I was having a hard time trying to explain the process.
ok, maybe whychat can explain it to me in laymans terms. according to mvalrie the judgment hasnt been paid in full - they may have paid the debt behind it but the hospital is legally entitled to interest and court costs. mvalrie states they still have a balance of $400.00 to pay. i could see having it vacated once the difference is paid. in my state, the courts report the judgment - not the CA/OC which means you either have to pay the debt so the CA/OC will petition for vacation with the courts or you can petition the court directly. i guess to me it sounds like a stretch and until i could see specific case laws showing what they are doing is illegal, i would be careful.
Any claim for interest or legal fees is NOT a legitimate claim, in my opinion, for payment on a medical debt. The medical debt did not become burdened with those added(probably illegal) costs until it was turned over for collections by the OC health care provider. Case law seems to indicate that absent a signed contractual agreement, that includes them, interest charges and legal fees are not valid in cases lke this.
Re: Re: Help..Used Hippa but have judgement when you go to the hospital - at least when i do - i have to sign papers stating i am responsible for the payment of the debt. i'm playing devils advocate here but this person wouldn't have incurred legal expenses and interest if they would have paid it before it became a judgment. those costs (interest and court fees) are charged and included by the courts - at least where i am from - not by the OC/CA. IMO they could have gotten off better with a better defense then HIPAA if they would have negotiated a settlement for less than full payment, contingent upon vacation.
1*the difference between the bills and the judgement is almost $400 2*I don't think that I should have to pay them. 3*I was going to try and get it vacated because it was a default judgement and I was not served but I think it is too late. mvalrie ============ 1*Are the bills $400 more or $400 less than the judgment.? 2*What do you mean by pay them are you talking about the bills or the judgment or both? Why do you think you shoulden't have to pay them? 3*Improper service is all you need to get the judgment vacated. Why do you feel it's to late? """"""""""""""""""""""""""""""""""
the only problem i see with the improper service is that they've know about the judgment, made payments toward the judgment - all without saying anything about improper service. that should have been the first move. the courts will decide if vacation is in order - its not automatic if you say improper service; they will review the evidence and make a determination. do you realize how many people claim "improper service"?
Re: Re: Help..Used Hippa but have judgement That's not correct. Courts do not report information to the CRA's. Sassy
Re: Re: Help..Used Hippa but have judgement 1*when you go to the hospital - at least when i do - i have to sign papers stating i am responsible for the payment of the debt. 2*here but this person wouldn't have incurred legal expenses and interest if they would have paid it before it became a judgment. those costs (interest and court fees) are charged and included by the courts - at least where i am from - not by the OC/CA. jenz ========= 1*Yes and if there is nothing about interest and court fees in it they can't collect them. 2*He didn't incur such expense because they weren't legal from the start. Judgment or otherwise. """"""""""""""""""""""""""""""""""
Re: Re: Help..Used Hippa but have judgement What should I do? 1*the difference between the bills and the judgement is almost $400 2*I don't think that I should have to pay them. 3*I was going to try and get it vacated because it was a default judgement and I was not served but I think it is too late. mvalrie ============ 1*Are the bills $400 more or $400 less than the judgment.? 2*What do you mean by pay them are you talking about the bills or the judgment or both? Why do you think you shoulden't have to pay them? 3*Improper service is all you need to get the judgment vacated. Why do you feel it's to late? """"""""""""""""""""""""""""""""""
