I was on my way out the door for a softball tournament, but this thread is troubling me. Tincup, You have received some conventional advice from someone that is highly respected on this board. You have also received some advice that many would find unconventional by another member of this board that is respected by many. IMHO, both are very knowledgable in their very different approaches to your type situation. Remember, just because one person might disagree with another, and chooses to do so vehemently, it doesn't necessarily make them right or wrong. It simply means they disagree. The bottom line is, you are about to spend money whether you like it or not. Not only for the bill in question, but depending on which way this whole judgment thing goes, if it dings your credit it could possibly put you in sub-prime hell for a very long time. Thus costing you even more money. This is an extremely personal issue, and one only you, can decide how to handle. You need to take some time and either research for yourself the laws of your particular state, or pay someone to do this for you. Only one intimately familiar with every little detail of your situation will be able to lay your options out, in a clear and concise manner, so that you, armed with knowledge, can make a decision that is best for your personal circumstances. You have taken the first step by not burying your head in the sand hoping this will go away, and I wish you all the best of luck as this bad time in your life plays out!
Good advice jlynn and a great post. It isn't about attacking one another, it's about common sense approaches to one's problems.
This is an ER bill from an accident I had. I guess you are supposed to submit any medical related bills to your auto insurance company not your health insurance. Which I didn't know at the time, when I checked into the ER all they asked me for was my health insurance card. They said nothing that this needed to be submitted to your auto insurance. I did send a letter to the attorney today stating that I agree to the $35 a week payment if he would ask the court to dismiss the case without prejudice. If he did not then I would see him in court on Thursday. What else do I have ot loose at this point? I have the day off anyway so I might as well show up to defend myself. I called a lawyer friend of mine a little while ago in NY and he said that is correct, that they have the option to dismiss the case if an agreement is reached.
And if he don't agree what are you going to argue when you get to court?[/quote]I have the day off anyway so I might as well show up to defend myself.[/quote]What will you use to defend yourself?[/quote] I called a lawyer friend of mine a little while ago in NY and he said that is correct, that they have the option to dismiss the case if an agreement is reached.[/quote]Yes, they have the option but the pertinet question is whether they will exercise that option or some other?[/quote]They are not likely to exercise the option most favorable to you. If they were they would have just forgot about collecting in the first place and of course they haven't done that nor are they likely to. Just how much money are they demanding anyway?
Bill, Jlynn What I will probably do is just pay it off if this guy dose not budge. Fortunately I have a signifigant tax return comming back but it's not supposed to be deposited until next week. I'm probably going to borrow the money from my father, which I hate doing but it's better than the alternative. JL that was a great post and good advice Bill. This will get fixed one way or the other. Either way though I won't like it.
What I was going to argue was that when I checked into the ER they asked me for my HEALTH INSURANCE INFO, not my AUTO INFO. I just gave them what they asked me for. The ER bill clearly lists my health insurance information. Not everyone know that you need to do like that. I had never had that happen to me before so I didn't know.
Re: Re: Possible judgment I have never heard of an ER asking for auto ins or even being required to ask for such.....When my husband was injured in an accident he handled all this with the auto ins company on his own. Are you sure the hospital failed to do something they were required to do?
Re: Re: Possible judgment I don't know how it is now, but anytime in the past, if I(or just about anyone else I know who HAS med insurance) sought medical treatment at a dr's office,ER,urgent care place-WHEREVER-I gave them my medical insurance info. Then at some point not too long after that I would get an inquiry(form) in the mail if the problem I sought treatment for could by ANY stretch of the imagination be the result of an accident of any kind(auto,fall,etc) or if it might possibly have happened at, or arisen from,work.( In other words the health insurance co was looking to see whom THEY might be able to go after to recoup what they had spent on your care) did you ever get anything like that? did you answer it and STATE that your treatment was needed due to a car accident? Did you sign something on your auto insurance permitting them to "co-ordinate" medical benefits-which means you get cheaper auto insurance premiums but any medical care you need resulting from an auto accident is going to be on your MEDICAL insurance's dime. (I've HEARD horror stories about that and maybe they don't even do it anymore.) Anyway, what the bottom line is, your medical insurance company is going to try to see if they can't collect from other insurances in case of injury situations. This is NOT something that you have to be personally involved in, once the medical insurance gets confirmation that there may be someone else to collect from, they usually handle it) But whenever possible, I AVOIDED giving out info that might delay or confuse settlement of medical bills.This may not be possible of course if you get transported to the hospital in an ambulance, or public safety/paramedical personnel are involved in coming to your aid. Sorry this post is so long but this might shed SOME light on how you fell between the 2 insurances. I suggest that a judgement is NOT something you want- it'a a matter of public record just like a bankruptcy,and I think it's going to haunt you for a MINIMUM of 7 years if you pay it. I'd say your best bet would be to pay it whatever way you can to keep it from becoming a judgement issue, then GO hunting for what the heck went wrong in the insurance co communications,I can sum that up in 3 words-GET A LAWYER.
Then I would suggest you call the attorney up and explain that to him and he may be willing to ask for a continuance on the case to give you time to pay him. Most attorneys are not unreasonable buttholes and if you have something promising he will probably make you sign some kind of agreement or other. The least you can do is to call him up and try to get him to listen to the idea of holding off until your income tax comes in next week or so. What have you got to loose? It's better than trying to fight battles you can't possibly win. You got that right. Practical answers to everyday problems. That is what gets the job done, not silly arguments. No, I suppose you won't like it, but life's like that sometimes. I see another wannabe expert wants to know if you live in a no-fault state. If so she will tell you that you should go force your problems off on your no fault insurance company. At this late date that's another useless and out to lunch idea. If you had any such recourse you should go take it, of course but that is a separate issue and has no real bearing on getting your immediate problem fixed. On top of that most no fault insurance contracts require that you file claim within 45 days of the accident so we know that isn't going to work for you at this late date. All the ideas that might have worked for you had you used them in a timely manner are out the winndow now and the only practical solution left to you is to figure out how to get this guy paid without a judgment being issued against you if at all possible whether you like the way it has to be done or not. We have to face the facts as they are now, not go hoping somebody on some bulletin board can come up with some new brainstorm to evade the issue or come up with some way around it.
Re: Re: Possible judgment Exactly! Great post! So what if it's a bit wordy? Big deal. You gave the right information and excellent advice.
Re: Re: Possible judgment WOW! I am overwhelmed by the response this thread has gotten. Thanks everyone for their points of view and advice. Some good news. I swallowed my pride and asked my Dad for a loan. I hate doing that but it's better than the alternative. I just hope to hell the insurance company comes back and pays it. I still feel confident that they will since they told me that. So I'll mail out a check to the attorney on Monday and I hope he chokes on it LOL! So now I don't have to worry about it being a judgment because I am going to pay it off. This was too close, I think I need a stiff drink. Maybe a Long Island Ice Tea or two LOL! Peace, Tin
Re: Re: Re: Possible judgment Excellent idea,however, to be on the safe side, MAKE SURE the case has been WITHDRAWN !!
Re: Re: Possible judgment Were I you I would take the following steps. 1. Call up the attorney and tell him that you have the funds to pay in full and that you are going to deposit the funds with the court along with your motion to dismiss his case. Tell him that if he would like to collect his funds quicker than that you will be happy to deliver the funds to him personally as soon as you can verify with the court that he has dismissed the case with prejudice. Tell him that you will be depositing the funds with the court and filing your motion to dismiss the same day that you call him. Then ask him how he wants you to proceed. If he says that he will file motion to dismiss upon receipt of the funds tell him that will be perfectly acceptable and ask him what time he wants you to meet him at the court clerk's office so you can watch him file the dismissal and get a court certified copy of the same and pay him on the spot. If he asks you "What's the matter, don't you trust me?" tell him that trust has nothing to do with it. This is a business transaction and one does not take chances in such matters. If he cannot do it tomorrow then when can he do it? If the court date is Thursday I would not agree to wait longer than Tuesday afternoon to consumate the deal. I would not under any conditions agree to any delays greater than Tues. Afternoon by say 2 P.M. I would have my motion to dismiss and the funds in hand and if he does not show up by precisely the time agreed upon then I would just go ahead and deposit the funds with the court and file the motion to dismiss with prejudice on the spot. That is what I would do, no ifs, ands or buts about it. You would also be well advised to call or go to the clerk of the court and ask about how to proceed with your plan, how would the court accept the payment of the judgment amount in full? Cash? Certified money order or how and then comply with the wishes of the court. Learn what the rules of the court are on Monday after talking to the attorney. Obviously you would have to take time off from work to do that but this matter is of such importance that you should take the time to do it and do it right. Whatever, I would not trust that lawyer as far as I could pick him up and throw him. I would not get out the celebration cake until you have a court document in hand. Well, considering this is the weekend that might be in order but again, don't take chances. Be safe rather than sorry later when you wake up one day and find that it has been sold to some debt collector and he comes rattling your cage again.
Re: Re: Possible judgment Bill, You have good advice but sometimes I thnik it it too complicated. First off the attorney told me that the only way a judgment can be avoided is if it is paid off in full before the court date. Not only did he tell me that but the small claims court told me that when I first got this summons. So I plan on sending the check in on Monday he should get it on Tuesday, he is only about 20min. away. I'll call him on Monday to make sure that we understand each other. I'll send the check money order or cashiers check so there is no problem. I will defenitly ask of him that he submits to me in writting that he received the check and it was paid in full before the court date. According to CT law he has no other choice but to dismiss it. I hope that the insurance company will come through eventually. Again I thank everyone for their advice and input especially you Bill. I'll let you know how it all works out. Sorry for any spelling errors but I have had several beer at this point LOL! No Long Island's though.......oh well next week! Tin
Re: Re: Possible judgment I think Bill has some important points. I would not settle w/o at least a simple agreement. I would not count on the opposing side's attorney doing things as you outlined. It IS possible for him to accept the payment and then still get a default judgement against you. Definately CYA time.
Re: Re: Possible judgment Thanks for your comment. Someone else told me almost the same thing in another thread but used a slightly different way of putting it. I'll have to see if I can think of ways to make things a bit easier to understand. I do hope things work out for you and it does sound as though you have things under control. Well, don't know about those beers,(LOL), but the rest of it seems like you have it down pat. Have a nice weekend.
Re: Re: Possible judgment Bill, According to the court the case has to be dismissed in CT if the debt is paid in full. Also a judgment cannot be passed in this case. The attorney told me that as well so I beleive him. I'll send it cashiers check or money order. Catch 22 is I'm working on Monday, I'm seriously considering driving down to his office and del. the check personally tomorrow. I know the guy is just doing his job but I hope he chokes on it! LOL! Hopefully the insurance company will come back and pay it for me. They said they would they are just taking forever. Maybe I should send a copy of the summons to them and tell them to pay it now.
Re: Re: Possible judgment Bill I appreciate all your advice really! I'm just a bit overwelmed by this right now so forgive me if I type something that's harsh. Fortunately it's only money, it will get fixed. However it is not a plesant thing to deal with Especially since I am going on vacation at the end of this month.
Re: Re: Possible judgment I have seen nothing at all from you that seemed the least bit harsh to me. And I don't think you really need any further advice. I think you have it completely under control. I'm confident that it will. Well, with it behind you I would tend to think that you should have forgotten about it by that time and can enjoy your vacation just fine. Have a nice one.
