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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11876
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I had a civil case filed agianst me in the state of Pennsylvania

Resolved Question:

I had a civil case filed agianst me in the state of Pennsylvania for unpaid medical bills from 8/15/2009-9/24/2011 in the amount of 6,904.74. additionally court costs of 158.50 and they are requesting attorney fees of 1,726.18 for a total of 8,630.91.
The reason I owe these bills is because I do not have medical insurance and I do not qualify for medical assistance. The fact is there is no way I can come up with this kind of money.
The hearing date is set for August 13, 2013 at 9am. I need to respond to the court with an intent to defend or a judgement will be entered.
I need to know how to proceed. Do I need to hire an attorney? Will they try to take my house, property, etc?
Please advise of what course of action I should take.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Dear Customer, My name is XXXXX XXXXX I am a Pennsylvania, Licensed, Practicing Attorney, and my goal is to provide you with Excellent Service,

 

 

I am sorry you are being subjected to all of this, but please do not be disheartened, there is a way out. Please be kind enough to give me the following information,

 

1. Are you being sued in Magisterial District Court ?

 

 

2. Are you being sued by the medical provider, or was the lawsuit filed by a collection agency ?

 

 

 

Thank you,

 

 

 

 

Customer: replied 1 year ago.

yes in my local magisterial court and yes by the provider, susquehanna health via attorney in a town 90 miles away

Expert:  Andrea, Esq. replied 1 year ago.

1. Is the medical provider a hospital ? (There are special rules for hospitals)

 

 

2. Or, is it a doctor ?

Customer: replied 1 year ago.

it lists various services from the dates listed in the original question. I am not even sure what they may be i suspect the following:


Lab services


ER visits


same day surgery


Yes generally speaking Susquehanna health is a hospital with three locations in the williamsport, PA area

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your additional information,

 

 

Here are the steps you need to take,

 

1. Notify the Court that you intend to defend;

 

2. Also request a continuance from the Court. Tell them you have informed the Court of your intention to defend, but you are not available on August 13, 2013. The Magisterial District Court must grant at least one request for a continuance from each side. Tell the Court Clerk that you will be available after September 1, 2013;

 

3. From today until your (hopefully) September hearing date, you will be speaking to the hospital's accounting department. Here is the arguments you will give them,

 

1. Hospitals get Federal funds if they agree to treat a certain percentage of their patients who cannot afford to pay, for free.

 

"I understand that ___________ (Name of facility) receives a great amount of Federal funds because they have agreed to treat for free (pick a percentage) 90% of the patients who cannot otherwise afford treatment. It is clear that I can neither afford the treatment, nor could I afford the high price of health insurance. Since you have already received the Federal funding, I would like to be placed in the 90% of patients who are treated for free and I am asking this only because you have already agreed to this with the Federal Government when you accepted their funding""

 

Insist on Number 1 before you go on to Number 2 and 3 below.

2. "I would like to pay my bills, I am not in the habit of making people wait. In this situation, I did not, and still do not, have any medical insurance. Now, if I had medical insurance, you would have submitted your bill of $6,904.74 to my health insurance carrier who would have paid about $2,800 and you would have accepted that as payment in full. So, please let me ask you, why are we who cannot even afford health insurance, further penalized by being sued for the full amount of the bill when an insurance company would be paying only about one-third of the bill ? Work this into an Agreement to pay the lesser amount in installments of as much as you can afford without depriving yourself or your family of anything.

 

If the accounting person continues to refuse, then use the following argument,

 

3. I have tried to be as reasonable as my pocket allows me to be without depriving my family of food on the table. I am trying to pay all my creditors, but I cannot pay the full amount, If you cannot give me a break on the amount, at least to the extent you give the health insurance carriers, then you leave me no alternative. I will pay those creditors who have shown some compassion towards me and my family, then I will file Chapter 7 Bankruptcy, list your $6,900 bill as one of my debts, have the full amount discharged in Bankruptcy, and I will not have to pay anything on it. I just want to let you know, I do not want to file bankruptcy, honest I don't. I have always paid my debts, without exception, I paid my debts. But medical costs have skyrocketed, and so has the cost of health insurance, to the point where I cannot afford the health insurance premium and I cannot afford to get sick. But, life has a way of taking it own turns in the road. I would like to pay you for the treatment, but if you will not give me any kind of break, you will force me to file Bankruptcy."

 

 

You do not have to really file bankruptcy, but you can make them believe you will file a Chapter 7 under which they will receive nothing. You just have to sound very convincing, as if the decision rests entirely in their hands. They know that if you file a Petition under any chapter of the United States Bankruptcy Code, there is an automatic Stay on everything, including their lawsuit against you - everything freezes until the bankruptcy Judge discharges all the debtors debts, and creditors get nothing. So, they know the consequences if they do not cooperate with you, so sound as convincing as you can possibly sound. With the continuance into September, that will give you a good 6 weeks from today to work on them. Their attorney cannot prevent you from talking to the medical provider under any circumstances,

 

_________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11876
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Andrea, Esq.
Andrea, Esq.
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25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.