Legal Question in Credit and Debt Law in Maryland

Doctor's Office threats of filing Suit!

I was in an car accident last year and I begin going to a Physical Therapist for treatment. I signed papers authorizing the Doctor's Office to recieve payment from my Car Insurance company. I was informed by my insurance company that I have the right to revoke the PIP benefits to the medical providers which I did. In return the checks from the insurance co. was distributed to me and not the medical providers. However, I have attempted to make payment arrangements to pay the balanced owed in installments. They will not accept a payment arrangement and they are demanding the payment in full. They are attempting to file a suit against me, but the balance that is owed to the company is not even in collections, it's just in the billing department's database. I have never received a billing statement from them stating the amount owed. Is it legal for them to file suit against me and my account is not in collections and if the account is in collections don't they have to first attempt to collect on the debt before just immediantly filing suit? If you have a Medical bill and it's in collections how long can it be in collections before it's legal for a suit to be filed?

Asked on 3/15/04, 11:17 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Doctor's Office threats of filing Suit!

As part of personal injury by automobile collision, I settle these matters for my clients.

If your attorney refuses to address these matters for you then you may need another attorney to pursue a remedy.

Although you do not mention health insurance, the demands of the physicians may otherwise be inappropriate.

Recent law on these matters may not be applied properly by some attorneys.

I have settled many personal injury cases and have resolved these matters upon settlement. Contact me should you require assistance.

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Answered on 3/16/04, 1:38 am
Daniel Press Chung & Press, P.C.

Re: Doctor's Office threats of filing Suit!

There is no requirement that the account be "in collections." The Doctor is probably (legitimately) upset that you had insurance money available that you diverted to yourself without replacing it with other insurance (health insurance, for example). He can sue immediately. You owe the money.

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Answered on 3/16/04, 7:15 am

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