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  1. #1
    Join Date
    Feb 2020
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    Default How to Respond to a Demand for Payment Email I Don't Owe

    My question involves collection proceedings in the State of: California

    I am a medical provider. I had left my previous employer unexpectedly and was not able to sign off on some patient notes. Initially, they demanded I sign a wet signature, but in the end, they said didn't need it, and are letting it slide as long as I do something else for them, that I have no obligation to do. With the riots and covid-19 going on, I haven't responded to them, and especially since I don't need to do anything for them. Now, they "changed their mind" and want me to pay for the fees for not providing a wet signature, or they're going to take "legal action." They sent me an attachment. It was for therapy services, from a different provider, for a different medical license than mine, for dates 2 months after I had left the company. Additionally, the invoice they're demanding me to pay them back, is for a different company than the company I was being paid by, and worked for. They don't even show proof to me that they paid out, but just send me an invoice.

    I obviously don't owe them anything. This whole situation from start to now has been complicated and bizarre. I don't know how to respond to them. Do I email back? Do I certify mail something? Should I explain to them why I don't owe them anything? I'd rather not go through small claims or even get an attorney (they can't afford one anyways). I don't want to tell them too much to have them prepare if they decide to go through legal action, but they have no ground to stand on. I feel I should respond to set the record straight, and avoid any future claims that I wasn't responsive or cooperative. I just don't know what's the proper way to tell them "No."

    Thank you for any help.

  2. #2
    Join Date
    Oct 2006
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    16,380

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting healthhelp
    View Post
    My question involves collection proceedings in the State of: California

    I am a medical provider. I had left my previous employer unexpectedly and was not able to sign off on some patient notes. Initially, they demanded I sign a wet signature, but in the end, they said didn't need it, and are letting it slide as long as I do something else for them, that I have no obligation to do. With the riots and covid-19 going on, I haven't responded to them, and especially since I don't need to do anything for them. Now, they "changed their mind" and want me to pay for the fees for not providing a wet signature, or they're going to take "legal action." They sent me an attachment. It was for therapy services, from a different provider, for a different medical license than mine, for dates 2 months after I had left the company. Additionally, the invoice they're demanding me to pay them back, is for a different company than the company I was being paid by, and worked for. They don't even show proof to me that they paid out, but just send me an invoice.

    I obviously don't owe them anything. This whole situation from start to now has been complicated and bizarre. I don't know how to respond to them. Do I email back? Do I certify mail something? Should I explain to them why I don't owe them anything? I'd rather not go through small claims or even get an attorney (they can't afford one anyways). I don't want to tell them too much to have them prepare if they decide to go through legal action, but they have no ground to stand on. I feel I should respond to set the record straight, and avoid any future claims that I wasn't responsive or cooperative. I just don't know what's the proper way to tell them "No."

    Thank you for any help.
    In my opinion you should just ignore them.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,150

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Does this thread have anything to do with your previous thread?

    https://www.expertlaw.com/forums/sho...t=#post1135907

    If it does:

    1 - You should have just added to it.

    2 - With all the BS you are getting from your former employer I suggest you either ignore him completely or get a lawyer to get him off your back.

  4. #4
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    Feb 2020
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    11

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting llworking
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    In my opinion you should just ignore them.
    If I ignore them, I imagine there are two choices: they drop it, or take me to small claims court. I'd like to avoid small claims court or any other legal action. Not because I don't owe them anything or because I'm wrong, because it's a waste of my time, and potentially, finances. I want them to know their requests are ridiculous and point them out, and have them stop contacting me.

    Quote Quoting adjusterjack
    View Post
    Does this thread have anything to do with your previous thread?

    https://www.expertlaw.com/forums/sho...t=#post1135907

    If it does:

    1 - You should have just added to it.

    2 - With all the BS you are getting from your former employer I suggest you either ignore him completely or get a lawyer to get him off your back.
    1. Yes it has to do with it. It doesn't stop. They keep changing their minds, adding a new threat, bring up a different point. Which is why I keep asking different, but same questions, because it's the same case, just new things keep coming up.

    2. If I ignore them, will it make me "look bad" if they decide to proceed with small claims? I get a sense I need to at least set the record straight and have a paper trail.

  5. #5
    Join Date
    Feb 2020
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    595

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting healthhelp
    View Post
    If I ignore them, I imagine there are two choices: they drop it, or take me to small claims court. I'd like to avoid small claims court or any other legal action. Not because I don't owe them anything or because I'm wrong, because it's a waste of my time, and potentially, finances. I want them to know their requests are ridiculous and point them out, and have them stop contacting me.



    1. Yes it has to do with it. It doesn't stop. They keep changing their minds, adding a new threat, bring up a different point. Which is why I keep asking different, but same questions, because it's the same case, just new things keep coming up.

    2. If I ignore them, will it make me "look bad" if they decide to proceed with small claims? I get a sense I need to at least set the record straight and have a paper trail.
    You are absolutely correct. Ignoring them is the wrong response. The first thing a judge will ask either party is "did you make an attempt to settle this?" And, when you say "they tried to contact me numerous times but I ignored them," you will be in a bad position.

    Try your best to create a paper trail that fully explains your position and presents your evidence to them. After that, you will be ready for small claims, if it goes that far.

  6. #6
    Join Date
    Oct 2014
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    8,123

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Harold99
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    You are absolutely correct. Ignoring them is the wrong response. The first thing a judge will ask either party is "did you make an attempt to settle this?" And, when you say "they tried to contact me numerous times but I ignored them," you will be in a bad position.
    Maybe in small claims court the judge would ask that question, but even then there is no obligation for the OP to try settling anything if he doesn't owe it so the judge shouldn't hold that against the OP. If the matter goes to superior court, the judge won't ask that question as it isn't relevant to anything and the jury certainly wouldn't hear about it. That said, there is likely no harm in responding to the company to say that nothing is owed.

  7. #7
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    Feb 2020
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    595

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Taxing Matters
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    Maybe in small claims court the judge would ask that question, but even then there is no obligation for the OP to try settling anything if he doesn't owe it so the judge shouldn't hold that against the OP. If the matter goes to superior court, the judge won't ask that question as it isn't relevant to anything and the jury certainly wouldn't hear about it. That said, there is likely no harm in responding to the company to say that nothing is owed.
    There's absolutely an obligation to make an attempt to settle it before it is heard at trial. Have you ever sued someone in small claims court before? Well, I have, three times in two different courthouses. Each time the judge requires all parties to go outside the courtroom and make one last attempt at settling it before it can be heard in trial.

    It is very unlikely that it will be heard in superior court because the OP said it qualifies for small claims court and it's just for therapy. Also, he/she said the other party likely cannot afford attorney costs. Further, in superior court, where I just sued someone, they require an MSC (mandatory settlement conference) before the case is heard in trial. So I don't know how an attorney such as yourself cannot be aware of these court protocols.

    What do you mean "there is no obligation for the OP to try settling anything if he doesn't owe it." Huh? That is silly because each party prior to trial believes they "do not owe anything." Have you ever gone to trial knowing that you would lose? Probably not. Besides, if the OP has sufficient evidence that he does not owe it, then he should supply it to the other party to put it to rest...because who wants to be dragged into court to supply it?

  8. #8
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    Oct 2006
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    16,380

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Harold99
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    There's absolutely an obligation to make an attempt to settle it before it is heard at trial. Have you ever sued someone in small claims court before? Well, I have, three times in two different courthouses. Each time the judge requires all parties to go outside the courtroom and make one last attempt at settling it before it can be heard in trial.

    It is very unlikely that it will be heard in superior court because the OP said it qualifies for small claims court and it's just for therapy. Also, he/she said the other party likely cannot afford attorney costs. Further, in superior court, where I just sued someone, they require an MSC (mandatory settlement conference) before the case is heard in trial. So I don't know how an attorney such as yourself cannot be aware of these court protocols.

    What do you mean "there is no obligation for the OP to try settling anything if he doesn't owe it." Huh? That is silly because each party prior to trial believes they "do not owe anything." Have you ever gone to trial knowing that you would lose? Probably not. Besides, if the OP has sufficient evidence that he does not owe it, then he should supply it to the other party to put it to rest...because who wants to be dragged into court to supply it?
    Just because a judge gives the parties one more opportunity to settle before hearing the case does not mean that someone is required to try to settle a case. TM has probably litigated thousands more cases than you have.

    This is not a case of "sufficient evidence" either. The people making claims against the OP are making literally ridiculous claims where no evidence really exists at all.

  9. #9
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    Feb 2020
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    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting llworking
    View Post
    Just because a judge gives the parties one more opportunity to settle before hearing the case does not mean that someone is required to try to settle a case. TM has probably litigated thousands more cases than you have.
    I do not care how many cases he has tried, he should know that both parties are REQUIRED to make an attempt to settle a case in either courtroom before it is tried. Oh, and I highly doubt he has tried thousands of cases.

    You can choose to believe someone because of their title or occupation but it doesn't take a physicist to know the effects of gravity. Also, attorneys can be the last to believe because they often argue out of sport with no regard for right or wrong.

    This is not a case of "sufficient evidence" either. The people making claims against the OP are making literally ridiculous claims where no evidence really exists at all.
    Every case is determined by "evidence," and the one with more "sufficient evidence" usually wins. Also, how can you say the other side is 'ridiculous' when you haven't seen their evidence? You are beginning to sound like a biased juror who knows the verdict before hearing the case.

    So your advice is also to ignore them and only offer your evidence in a courtroom? Really? This thing could be settled with one manila envelope, but you would not advise doing it that way?

  10. #10
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    Oct 2016
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    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Harold99
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    I do not care how many cases he has tried, he should know that both parties are REQUIRED to make an attempt to settle a case in either courtroom before it is tried.
    You do realize that the demand by the entity is owed the debt and the refusal by the debtor is an attempt to settle the case? Or do you think there is some requirement that the plaintiff offer to be paid less than they are owned or for the defendant to pay a lesser amount than is owed even if they think they owe nothing?

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