Our rights regarding medical debt we thought was paid

by Shelly
(Indiana)

In February 16, 2005 i was hospitalized after an accident. I had full coverage insurance and thought the hospital bill was completely paid for, because no bill was ever sent. On September 17,2009 i was summoned to a pretrial conference with Procol,Inc collection agency on a $405.00 EMT ride to the hospital. I signed the payment agreement that day with no legal counsel assuming that was the only debt i owed. When i thought we were done the lawyer says to me, "By the way, we have another unpaid bill in the amount of $10,000+ ". I had no knowledge of what my rights were i had never been sued before. So an agreement was set up for payment that day also. I recently found evidence thru the insurance company that a large sum was paid on the $10,000 bill in the weeks following my accident. No hospital bill was ever sent to me for the debt i allegedly owed in February of 2005, until the collectors sent me a summons in September 2009 for these bills i didnt know i had. Is there any legal action before my new hearing date on September 21, 2010 i can take to keep me from paying more on this debt than i actually owe? Can i also ask for the collectors to submit the deposition tape from that day to prove i was being intimidated by the lawyer? As the tape would identify the lawyer making comments about me being a smoker and smelling it on my clothes, and also him stating that i need to get into shape? I feel laws were broken and i was unaware.

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Sep 23, 2010
Medical Debt We Thought Had Been Paid
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

I am not an attorney so I cannot advise you of your legal rights in regard to the lawsuit filed against you or about any legal strategy or action you ought to take. I can tell you however that it's NEVER a good idea to represent yourself when you've been sued and that you should consult with a consumer law attorney in your area right away. Among other things, the attorney can help you avoid making expensive mistakes in regard to the lawsuit, ensure that your rights are protected, try to negotiate an out-of-court settlement of the lawsuit or maybe even get the lawsuit thrown out, and mount a defense for you if the lawsuit moves forward.

Please share what happens with your situation in the comments section for this question. We are very interested in hearing how this turns out for you, and your experience can help others who are struggling with debt collectors.

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