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Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid

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  • 07-31-2010, 06:23 PM
    CFryar
    Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid
    My question involves collection proceedings in the State of: Virginia

    Specifically York County

    Today, I received paper work in the mail informing me that Sentara Hospital is suing me for a $1700 bill for an ER visit in October 2009. I never received a bill for this amount from them..how can they be suing me?

    I received bills for the blood work, and the x-rays - both were paid.

    I have not received any phone calls, nothing in the mail - no certified letters, no collection letters.. Nothing at all!

    Just notice that I'm being sued in York County Civil court for a bill to the hospital from that ER visit, which took place in James City County, I live in James City County but the court filing and court date are for York County which is odd I think..

    Aren't creditors required by law to have notified consumers of the debt, and that if it isn't paid they'll take you to court before they can take someone to court?

    The notice arrived today, naturally - so since its Saturday I can't call anyone. No law offices are open on a Saturday and apparently the office listed in the paperwork for Sentara is only open Monday through Thursday so I can't call and ask THEM what the heck they're doing...

    I'm sort of freaking out over this right now because I have no idea what to do. I am not working at the moment, I'm a full time college student and my husband's income is all we have. I know these leeches can garnish his wages if the judge feels so inclined but I'm still stuck on the simple fact that they didn't bill me, didn't send me any letters, nothing! No phone calls..

    I've had the doctor office for my regular physician call me about a billing issue with insurance.. what? The hospital is exempt from such things as courtesy??

    I need advice.. I have no idea what to do and I'm sitting here shaking I'm so upset..

    Someone please help...

    Cyndi F.
  • 07-31-2010, 06:26 PM
    Dogmatique
    Re: Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid
    NO - they CANNOT garnish your husband's wages for YOUR medical debt.

    What they can do is levy any joint assets/property.

    So, you need to verify the debt - call them first thing Monday what it's all about and if you don't get a satisfactory response, request the same by certified mail.
  • 07-31-2010, 07:14 PM
    CFryar
    Re: Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid
    So, I should call Sentara about this even though they made no attempt to contact me for this prior to suing me? That won't do anything to stop the civil suit will it? I am planning to call a lawyer Monday morning, from what information I have found online I believe that they may have broken the Fair Debt Collection Act by not contacting me at all prior to filing the law suit. They did not give me a chance to pay it, or make arrangements to pay it.. nothing!
  • 07-31-2010, 08:22 PM
    jk
    Re: Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid
    If the hospital is collecting the bill, they are not covered by the FDCPA. The FDCPA covers 3rd party collectors.

    but even without that, no, they were not required to contact you first.
  • 07-31-2010, 09:47 PM
    CFryar
    Re: Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid
    Quote:

    Quoting jk
    View Post
    If the hospital is collecting the bill, they are not covered by the FDCPA. The FDCPA covers 3rd party collectors.

    but even without that, no, they were not required to contact you first.

    How can they sue me for a debt they did not inform me that I owe?

    I'm sorry but that answer just doesn't quite make sense. I can't pay a debt I was never sent any information about or told that I owe.

    The other bills related to that visit were paid, and this one would have been paid if they'd sent it. The other two bills came from the medical labs which processed the tests, a blood test that was billed by a lab providing the service for the hospital and an xray provided by a radiologist who billed me for the chest xray

    The hospital didn't bill me.. so again.. how can they sue me now without giving me a chance to pay the blasted bill first?
  • 07-31-2010, 10:00 PM
    jk
    Re: Being Sued by a Hospital for a Bill I Didn't Know Was Unpaid
    Quote:

    CFryar;443560]How can they sue me for a debt they did not inform me that I owe?
    they go down to the court and file the papers. I know, I sound flippant but while it would make sense they actually bill you first, they really don't have to.

    Quote:

    I'm sorry but that answer just doesn't quite make sense. I can't pay a debt I was never sent any information about or told that I owe.
    You now have notice. Have you paid the debt yet? If not, then your claim is irrelevant.



    Quote:

    The hospital didn't bill me.. so again.. how can they sue me now without giving me a chance to pay the blasted bill first?
    and again, you have a chance to write them a check right now and pay the bill.

    Quote:

    The other bills related to that visit were paid, and this one would have been paid if they'd sent it. The other two bills came from the medical labs which processed the tests, a blood test that was billed by a lab providing the service for the hospital and an xray provided by a radiologist who billed me for the chest xray
    On a less sarcastic sounding note;

    do you have a PPO insurance? Is the entity that is suing you a listed provider with your insurance?

    If so, you need to contact them and tell them they must bill you insurance company. You also need to contact your insurance company and let them know of the situation. With PPO's and listed providers, there is a contractual relationship between the providers and the insurer. They must abide by that contract.

    If you don't have a PPO or the provider is not a listed provider, I would suggest verifying the accuracy of the bill as quickly as possible and writing them a check for the charges. Due to the no billing, I would argue any court fees they have more than likely tacked onto the amount they are suing for.
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