Legal Question in Legal Malpractice in California

sued for a medical bill by a third party

I have currently been sued for a medical bill by a collection agency the hospital says they never do buissness with since they have their own collection agency. the bill is grossly overpriced and is not the correct amount owed. I have been maliciously forced to pay a debt of which this particular collection agency does not even have any right to access my account. I have been scared into paying 250 a month to prevent my meager earnings from being garnished i have indicated to the hospital that i am of low income status and they provide financial assistance to have any medical bills i have to be written off. as of right now i am in need of desperate advice on what to do with this collection agency and the law firm they are working with to collect this spurious debt what should i do at this point?


Asked on 12/06/07, 10:56 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: sued for a medical bill by a third party

There is definitely something wrong here. You believe there is fraud between a collection agency and a law firm, but you indicate you have been sued.

Thus, I doubt that the collection agency and the law firm are not legitimate enterprises.

It would be best to retain an attorney, since you don't have the expertise to fight this on your own.

If the lawsuit hasn't been answered, it will (or already has) gone to judgment, and you will also have additional costs and attorney fees.

Again, you need an attorney to unravel this mess. Since you don't have much money, you can get an appointment for a low cost consultation through the Lawyer Referral Service of the State Bar. Look in your local white pages.

Good luck!

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Answered on 12/07/07, 7:17 am
Terry A. Nelson Nelson & Lawless

Re: sued for a medical bill by a third party

You should never have agreed to pay, since that means you've agreed to the debt and possibly waived your objections and defenses. The proper thing would have been to refuse payment and forced them into court where your defenses could be raised. You could still refuse and force the lawsuit, but now would have to overcome the problems you created for yourself. It may be possible to do so, but you'll have to also consider the attorney fees and court costs. If there is an attorney fee provision in the contract, and IF you win, you should be entitled to recover your fees. Call the local bar association lawyer referral service for a 'pro bono' or 'limited means' attorney for a consultation.

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Answered on 12/07/07, 1:20 pm


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