non bpi liens ON SETTLEMENT

[mae2050]

We are in a pickle I hope someone can answer this. I called a collection agency last month to find out about old medical bills and proceeded to tell them we would be paying these off. Now they won't leave me alone they tell me if I do not have the money by July 31st they will sue me and put a lien on any money. I keep telling them I can pay them aug.4 or so they just are not listening is this legal? what if I give them $25 or so can they still go to court? could I post date a check for aug 5th? any suggestions? I am going to call the federal trade commision tommorow these people are ruthless.

[francine]

I'd ask your attorney asap.

[admin]

from my experience, this is what I know....they can put a lien on the settlement, however, if it is all in the child's name, they cannot touch it....my attorney is putting everything into trust for my son with us getting a portion monthly...etc. Let's think about this though....you will have the money August 5th right, they want the money by July 31st......there is a huge chance that they can't even get a lien on this money before the 5th of August, there is a weekend involved too. Tell them when you will pay it, where and in what form.....if they keep bothering you tell them that too is a form of harrassment and you already have an attorney. Once you tell them not to call you again, they by law can't !!!!!!

[Joy in FL]

I agree with what "Guest" poster said. Just make sure when you tell them the where and what form that you do so in writing. List the dates that you spoke to someone and who you spoke to. Mail it certified so you have proof that it was recieved.

Good Luck
Joy

[LeeAnne]

I have a few ????'s. Is the money from the settlement? If so why weren't any third party medical bills paid before you recieved the money. Just curious. When we recieved settlement money last year, first the attorney got his fees and then all the medical bills paid by any 3rd party were negotiated by our attorneys office. The insurance companies went as low as only taking 40% of their total payout.The attorneys made sure all these things were paid before we got the check. This left a little bit more for the guardianship account.
We did not go with a trust account because we weren't sure what medical bills were going to be from year to year or how many surgries she'd need or how much therapy expenses would be.If we need anything I contact the attorneys and they go to the judge and get a court order, then I take the court order to the bank and they cut the check. Also for therapy, I have a standing court order that states when I present a bill from that establishment the bank can give me a check made out to them for the amount of the bill.I do this monthly. Small expenses like copays and mileage I get reimbursed for every 6 months.
I know there are several ways to handle these matters, but I would think you'd feel more comfortable if the attorneys took care of all this. What if you forget to pay someone or there is a bill you don't even know about? Your attorney should have a listing of all bills to date for your case.

[Paula]

I'm sorry but why would the insurance companies want re-imbursement? Isn't that why we buy and pay for medical insurance?
Paula

[Tessie258]

Whatever you do don't send a post dated check!!! They will cash it early then you'll have more problems...This happened to me once.
T.

[Paula]

She wants the money by July 31st cause she has a monthly quota to meet and that has to be done by month end. Alot of times they will say what they need to to scare you into paying so that the quota will be met. Then again maybe she will put a lein. But I'm with the person that said it takes time to do this. By then you will have them paid.

[claudia]

Paula-
in reference to medical insurance companies taking a piece of a settlement: it is legal. Medicare can also do this. As for your question: isn't this what we pay for? Yes. Except this is the medical insurance world we are talking about and they have more loopholes than a block of swiss cheese. The insurance company has to ASK for the money, it isn't just handed over. It is also very common for them to ask for less than they actually bill for. They just want something. I understand that even EI can ask for some money, though I have never heard of them doing that.
This is a bizarre world, eh?
claudia

[LeeAnne]

Paula, my understanding is it is legal technicality. Since you are receiving a settlement and absolving the doctor of any responsibility in writing, basically because there is a settlement then someone was responsible for the injury, it just didn't happen.Just like ,for example, if a friend comes to your house for a visit and they get hurt, then legally it is your Homeowners insurance that is responsible, not their health insurance. If you tell the doctor how the accident happened then they tell you which insurance to file under. Otherwise it is considered insurance fraud.Same thing if you get injured in a car wreck, someone's car insurance pays for your bills not your health insurance. So I guess they're saying since you're recieving a settlement and it was someone elses responsibility, they deserve to get at least some of what they've paid out back. I didn't know any of this till Michaela and I were visiting a friend and Michaela ran into the patio door handle and had to go to the emergency room and get 5 stitches in her forehead. We told the ER doc how it happened and of course it was in the medical report so our insurance wouldn't pay and said we had to turn it in to her homeowners insurance. I then had to explain to our insurance company that I wasn't guilty of fraud just ignorance.