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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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i recieved an medical insurance payment from my insurance company.

Customer Question

i recieved an medical insurance payment from my insurance company. My son is dieing from a rare degenerative brain diease. the payment was written to me but explained later that it should go to a supplier; i however used the funds for personal bills. i have atteentions of paying back but what are the leagal issues.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : How much time passed between when you received the check and when you got written notification that the check was supposed to go to the supplier? What was the amount?
Customer:

I recieved a letter from the supplier stating that a check in the amonut of 18K (+/-) would be recived ,it came with a letter and an envelope stating to sign the back of the check and forward to them. They asked me to contact the insurance company and see if the check was released. The insurance stated it had to wait for signurates and it could take weeks but they did give me the check number and the amount the amount was 18K (+/-), they also told me not to sign the check over to them but to deposit it and write my own check.I then we waited for the check. I them recieved a check written to me in the amount of 36K (+/-) i deposited and spent the funds on other expexses. I was hopl to get in touoch with due to my 9 year olds sicness. he has been in and out of the hopspital and i lost track of all of this since i wasnt sure how i was even in the middle. We have had two stem cell transplants to save my son who is dieng from Adrenoleukodysrtopy and have excceeded 2mm dollars in bills with out us ever needing to get in the middle. we have recieved checks in the past for reimbusment. These funds do seem to be for that service and i used them incorrectly. I have every intenion to payfor the services. but hoestly to call and email me threats while i am going thru this we, my sons life is my first prioirty.

LADYLAWYER : Thank you. I am reading your reply...
LADYLAWYER : So sorry about you son. So you are saying that you knew this money was supposed to be given to the supplier before you spent it?
LADYLAWYER : Who is calling and threatening you? The supplier or the insurance company?
Customer:

i did, although i was a bit confussed or easily persuaded myself to beleif that since it was not the check amount i was informed about . it ,ay have been some reimbursment, wishful thinking i know. Thigs have just been very challengleing and i am not always thinking clearly. of course no excuses and the law is the lae. its the supplier threating me. I have trued to contact to see what could be done but was called a thief and told their attorney would contact. so i need toknow if i should hire an attorney again my son is still in the middle of this and things are tight,

Customer:

the insurance company said it was my money spend as i need.

LADYLAWYER : Okay, thank you so much and of course I understand about your mind with everything going on. I have a serious, chronic illness myself and was just in the hospital for a couple weeks. So I truly empathize with you. One more question, if I may. The insurance company told you it was your money and you could spend it how you wanted? But then later they told you that it was the supplier's? Or how did you find that out?
Customer:

When i called the insurabce after the supplier asked me to try and help them collect payment.I ontacted them and informed them of what the supplier had said and they were expecting a check in the amount of 18K and could i get the check number for them. I did, this is when i explained why i was asking and the insurance company said do not just sign over the check and mail it to them. it was my money and i would have no way of tracking it. I never did recieve a 18K check.

Customer:

im sorry and i feel like a teribble person. with everything going on with my son i just dont know anymore.

LADYLAWYER : You are not a terrible person!
LADYLAWYER : Okay, so clearly you were given some different information by all these companies and at one point, the company that sent you the check said it was yours to keep.
LADYLAWYER : the botXXXXX XXXXXne is if this check was made out to you and you alone, you had the leal right to cash it and spend it.
LADYLAWYER : If the supplier is out money they feel they were owed, then they have the option to send you to the collection agency.
LADYLAWYER : they cannot prosecute you or do anything else as the check was made out to you and only you
LADYLAWYER : you may have to deal with their harassing phone calls for a while, but you should not tell them again that you plan on paying them, not should you ever put that in writing
LADYLAWYER : if you do, it will become a binding contract and they can sue you on that promise
LADYLAWYER : If you have a cell phone that they are calling you on, call your provider and find out how to block their number.
LADYLAWYER : but the botXXXXX XXXXXne is that legally, they have no recourse except to send you to collections. If you still cannot pay after a period of time, they may be able to try to sue, but that would only be based on any outstanding bills you have with them that you have not paid yet.
LADYLAWYER : Does this help to answer your question?
Customer:

ye it does help.i wasnt sure if i needed to get a criminal attorney. You are correct the check was made out to me. Again thanks for your understanding and help. can i save this communication to show my wifr?

LADYLAWYER : When you leave a customer service rating for me, the chat will be automatically saved. No, you do not need a criminal attorney. They are trying to threaten you and scare you into paying, however, you did nothing illegal if the check was made out to you only.
Customer:

thank you

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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