Legal Question in Civil Litigation in Pennsylvania

Unintentional Insurance fraud

After having surgery our insurance company sent us the check for the payment made out to my wife. We had every intention of paying the bill as soon as we received it. We held on to the check for 2 months and didn't hear anything from the doctor about a bill. So we deposited it in our account so as not to let it expire. Unfortunately while it was in the bank we were suffering serious financial problems with me being on disability and my daughter constantly getting sick. When we were finally contacted about the bill it months later and the money was gone. I tried to agree to a payment plan, but was still having financial troubles and the debt was sold to a collection agency. The agency is now suing me and threatening that I committed fraud and could go to jail. Who can file that kind of suit against me and do I stand a chance since it wasn't intentional and is my first offense?


Asked on 11/18/07, 7:05 am

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Unintentional Insurance fraud

I wouldn't worry about fraud or going to jail - it's just a debt collector trying to scare you. And that tactic may be a violation of the Fed Debt Collection Practices Act. However, obviously you owe the debt. You may want to contact an experienced atty in your area & discuss the best strategy for you. You may be able to use the collection agency's violation of the law to your advantage.

Read more
Answered on 11/18/07, 11:07 am


Related Questions & Answers

More General Civil Litigation questions and answers in Pennsylvania