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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Plt. acting IN PRO PER, NOW on a personal injury case dealing

Customer Question

Plt. acting IN PRO PER, NOW on a personal injury case dealing with hospital lien(s) and settlement disbursement. Settlment draft is to be drafted by Def.'s Insurance Company through, it's Atty. to it's policy limit of $15k. Their are 7 lienholders and medical bills are $35k plus. One of the lienholders (collection agency) were listed as Med Center/Physicians for $15k but was willing to accepted $4500 but plt. requested they take $3500, which they accepted. It's time to sign docs but they have omitted "Physicians" which was a $1000 and plt. questioned them about the deletion. They said the "Physicians" were not apart of their services, although on the same date of their services and they never talked to plt.'s prior attorney about the bill. Plt. memory was triggered. Another hospital provided medical servics to him for his accident 5 months earlier. This hospital provided services to plt. for an anxiety attach 5 months after the accident and asked him if he had other problems which he spoke but no treatment for his injuries of the accident were had. They dealt with his anxeity. Well when looking at plt. atty.'s prior disbursement and amount, it's listed. Plt. feels and believe their whole bill should not be paid out of this settlement. How does "Liens" work?
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.
Thank you for the post, a lien attaches to personal or real property as specified by the lien filing. Most commonly, liens are placed on real property and serve to encumber the deed to the home so that the property cannot be sold without first satisfying the lien.
Customer: replied 3 years ago.
The lien that I'm speaking of has nothing to do with my incident of injury. #2 didn't provide any medical services to me for the injury from the accident of 5 months earlier, however, they want to get paid from the settlement funds or the accident of 5 moths earlier. It would appear that they are trying to base their lien on the fact that I signed a lien with them and that they mentioned the injuries on their report but didn't provide medical services. I need to know if they can attach settltment funds from another injury that another hospital actualy provided services for? I confused as to whether any lien before or after a incident can attached itself to funds or settlements that has nothing to do with their services.
Expert:  MShore replied 3 years ago.
Thank you, XXXXX XXXXX settlement can be liened by previous creditor, in this case the entity that is claiming a balance owed.
Expert:  MShore replied 3 years ago.
Hello, have I answered your question?
Customer: replied 3 years ago.

I will accept your answer but please provide the CA Code to support your answer. Somehow I feel you don't understand my question and the occurrence of things. #2 Hospital is not a previous creditor. #1 Hospital is the Hospital of service for the accident as they provided care directly attribital to the accident. #1 Hospital provided me with medical care for my injury of the accident in 3-1-07. #2 Hospital provided medical care, 08-01-07, for an unrelated medical service (i.e.anxeity attach). The #2 Hospital Doctor asked me if I had any other problems. I told him a knee and ankle injury from a accident. He noted it on the charts. #2 Hospital Doctor did not provide medical attention. #2 Hospital's Collection Agency, well making a settlement for the Med Center/Physican, said they would drop their bill an additional $1000 becuase the Physican Bill was not a part of the bill/incident. The could not be the case as the Physican Bill was the same time and place of services. If they continue the Physicans Bill was inapproiate for them to collect, then surely the Med Center Bill would not be collectable, too. I went there the same time and place. I trust I have made this clearer.

Expert:  MShore replied 3 years ago.
Hello, thank you for the additional information. To support the previous answers, which still remain true, the law is California Code of Civil Procedure - Section 708.410-708.480 :: Article 5. Lien In Pending Action Or Proceeding.

Please remember to click Accept.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 12 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

The collection agency representative, when asked about the omission about the phyisican bill amount of $1000 difference, was informed that the phyisican told her not collect on that debt as the physicians services had nothing to do with the accident. The collection agency for the hospital, after being informed by plt. in pro per, that their clients (i.e. hospital and physician) did not provide any medical care or services to plt. concerning the accident. Both hospital and physician medical was provided 5 months later and did not pertain to the accident. Sent plt. informed the collection agency of the above, same sent plt. a letter, saying that the file was turned back over to the clients (i.e. hospital and physician). I have not heard from the hospital in 2 months but did recieve a bill from the physicians.

Q. Can I inform opposing counsel of the events and instruct him/her to remove the hospital and/phyisian as "Lien Holders" so as to get closer to settling this matter with other lien holders?

Customer: replied 3 years ago.
I'm not sure if I'm doing right by providing additonal info. I recieved an email saying I could ask another question without payment. I trust I'm not incurring another fee? I'm trying to finalize this matter with opposing counsel for the limit of his clients policy. The hospital and physican creditor didn't provide services to this incident and their agent said they were told not collect the physicians $1k because their services didn't apply to the incident. The Hospital and phsycians services was on the same date and if one didn't apply then the other doesn't apply and should not be paid. The Agent for the Hospital sent me a letter saying the file has gone back to the hospital. The hospital then sent me a bill for the proposed settlement amount. With regard to the physican, they have not sent me anything. I wish to exclude both of these creditors from the proposed settlement disbursment and instruct the opposing counsel to do the same. If I am able to do that then I almost at the end were I can settlement this matter although I still have one creditor holding out for her full invoice.

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