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My fiancé is being sued for a medical bill from 2006. At the…

My fiancé is being sued...
My fiancé is being sued for a medical bill from 2006. At the time he was fully covered by his insurance. He was in the for an asthma attack, which his insurance covered before. He has great benefits as an officer. We spoke to someone from pressler & , who is the CA, and a rep from the insurance company and the rep advised the attorney to resubmit the bill along with some other documents. The attorney has not don so yet and it's been over a month. He claims he can't get in contact with his client, which is someone from the hospital. Do u think in this case pressler is acting as a junk debt buyer and do u think they would win case against my fiancé? Also my fiancé never seen this bill until now because the hospital is in the network of the insurance company therefore the bill was sent directly to them from hospital. The insurance rep believe the hospital staff submitted under wrong policy number because there is a claim number on bill. Plus this bill that came with the summons have everything blacked out except for the amount. He doesnteven remember the treatment he revieved that day since it was so long ago.
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Answered in 12 minutes by:
3/9/2012
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,862
Experience: Attorney experienced in commercial litigation.
Verified
It absolutely sounds like they are a junk debt buyer because they are. If they cannot get in touch with their client, then you need to send them a "Request for Production of Documents" and specify exactly what documents you are requesting in the suit. Your boyfriend also needed to file an answer to the suit in court denying the debts. The firm then has 30 days to provide you the documents proving the debt and if they fail to do so you would file a motion to compel in the court and also a motion to dismiss if they cannot provide the proof. This is how you move them along.


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Customer reply replied 6 years ago
The thing is that we did respond to summons back in January however we did not send for debt validation. Is the bill they sent that was blacked out proof of the debt? Should we still send a lette for debt validation? Did we just made them win the case? When he goes to court in may do pressler have to prove their case? What are some of the things they need to prove?
You do not need to send a validation, it is too late once suit is filed. You now need to send the Request for Production of Documents, which is what you file to demand they produce documents proving their claim.

In the request for production you demand
1) A copy of the contract proving this debt is your boyfriend's
2) Proof that they have the right to collect the debt
3) An itemized statement proving the charges on the debt
4) Copies of any insurance papers filed to the insurance company


Typically they will not have any of this and at the most they may only have the itemized statement which is what you need to file to the insurance company and that could settle the whole case.
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Customer reply replied 6 years ago
Sorry to keep bothering but u r very helpful. So they can win in court by just showing this blacked out statement is good enough for them to win this case? So u think I should sendva letter requesting those documents? And if they do not provide them?
No, they need to prove the actual debt, that you had a contract to pay the debt, the itemized statement proving the actual amount of the debt and that they have the legal right to collect the debt. They need to provide each of these things in court and you need to make the discovery request for the information so you are not surprised in court if they do present it. If they do not produce the information to you, then you file a motion for summary judgment arguing they have no proof needed to show the debt is your boyfriend's debt.
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Customer reply replied 6 years ago
You are good? How long shouldi give them to send me this info once I send the letter? If they are junk debt buyers you think they have this info? The only thing I do not understand is that when I called the hospital the rep said the bill was too old and it wasntin their system. However on the documents it says pressler is representing hospital. And on one the documents it's says the plaintiff address, which has pressler address instead of hospital. This is o confusing. Overall do u think my boyfriend should fight this?
You do not send a "letter" You have to send a "Request for Production of Documents" which is a legal discovery tool and they have 30 days to respond. Yes, he should fight this since the hospital should have properly submitted it to the insurance and you can still get it to the insurance now if they get you the proper paperwork.
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Customer reply replied 6 years ago
Okay so let me ge this correct. Do I generate a request for production of documents in a letter form or do I have to go through the courts? I just want him to do this correctly
No, you do not go through the courts and it is not a letter. Here is the form of the Request for Production in NJ, and you need to modify it for the right court and he is the defendant and not plaintiff. See: Request for Production
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Customer reply replied 6 years ago
Thanks so much Paul. I'm going to tell him to get this request together and send to pressler. I hope he beats this case. You were the best!
Thank you. Please do not forget to click accept.
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Customer reply replied 6 years ago
No problem. Last question I promise. We are working on letter now. The plaintiff stay as the hospital or should it be pressler? Because in the request we are asking for proof that pressler have the right to sue. Just need a little claricationb
The Plaintiff stays as hospital. I am not reading the suit, but if the hospital is listed as Plaintiff, they stay as plaintiff.
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Customer reply replied 6 years ago
Ok . I send this request directly to pressler or do I have to send to the courts?
You send it directly to the attorney representing the hospital.
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Customer reply replied 6 years ago
Cool. The request u sent me though does not have a section where he can list the documents we want them to present to us....the contract, the right they can collect, etc.
You attach a separate piece of paper marked Attachment A, with the list of the documents you are seeking.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,862
Experience: Attorney experienced in commercial litigation.
Verified
Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 6 years ago
Hey Paul
Hope all is well. We are completing request for production of documents. What do we put on the line where it states ' schedule A and the annexed definitions and instructions hereto at _________' it's on the first page of the request. And can we ask them to provide specific documents? If so just type them up and and along? Thanks
You can ask them to produce specific documents and you can describe them in your Schedule A.

It would be attached hereto and put a period at the end of that. No need to fill in anything else there.
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Customer reply replied 6 years ago
Ok but on the link you sent me I have to put something on that line. And my schedule A is just a document I type up asking for specific documents?
No you do not have to put anything on the line, it was just a template, you can remove the line. If you really want to put something there, insert the page numbers of the instructions and Attachment A.
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Customer reply replied 6 years ago
Ok. So do I have to send all 9 pages of template in and my attachment? And it won't let me delete that line. Do I put my address since it says 'hereto at________'.......also we noticed the weirdest thing...on the bill they sent with summons it has our current address which we were not living the time of the service. You talking almost 6 years ago
No, it would be attached hereto at pages X-Y.

The address on the bill means only that they have your current address.
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Customer reply replied 6 years ago
Ok. Sorry to keep bothering u I just want to get it right. I put page numbers and attachment A. And with the link u sent me do I send them all nine pages or just top page
Yes, you do. You send them everything all of the pages.
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Customer reply replied 6 years ago
Ok I just finished it. It says '.......schedule A and the annexed definitions and instructions hereto at pages 2 & 3 (which are the instructions) & attachment A?
Okay, that is fine.
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Customer reply replied 6 years ago
Cool! I will keep u updated with the status of the suit
Thank you.
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Customer reply replied 6 years ago
Sorry came across another stumble. The form u sent me is for the chancery division. However it has law division on lawsuit. Is that ok
You modify the wording, which is what I thought I said above. The formats are all the same, but you are responsible for modifying the wording for the proper courts.
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Customer reply replied 6 years ago
It doesn't allow you to modify it
You needed to copy that form and paste it to your word processing program for the full editing capability, which you can still do. If not you have to type the entire form over in your word processing program.
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Customer reply replied 6 years ago
Oh i see thanks
Sorry, I should have been clearer with that in the beginning.
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Customer reply replied 6 years ago
Hey I am speaking to an attorney and he says I have no way to win this case and that I should hire him. And that pressler do not buy debts. What should I do?
That part I cannot tell you, but as we always say it is best to use an attorney on these cases than try to represent yourself. Here, you do have some wrongdoing or error by the creditor in not properly submitting the claim to the insurance company, so this is a bit different than a regular debt collection.
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Customer reply replied 6 years ago
Ok is it possible that a judge will make me reliable for the mistake of the hospital? Do pressler still have to prove case in court? Although the insurance rep told pressler to resubmit bill and they did not because they couldn't contact the client.
IF the insurance has offered to pay on this if they would resubmit the bill, they are not cooperating which would go against them, but ultimately it is up to you as the insured to submit the claim, which is why you are entitled to the documents you need to submit the claim AND if Pressler does not provide it from their client, THEN the court can hold them liable and find in your favor.
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Customer reply replied 6 years ago
I see! But do u think the judge would make pressler prove the case in court? Prove the hospital sent bills, it was submitted to insurance company, etc?
They have to prove only that the bill was not paid, but you have mitigating circumstances to prove it was the hospital's fault it was not paid because they failed to properly submit it which would result generally in them not being able to collect attorney's fees and costs or interest for the debt.
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Customer reply replied 6 years ago
Ok. Do I need to take anything to court to prove my defense
You need to take all of the correspondence from the insurance company saying they would process the claim if the proper documents were submitted to them and proof that the hospital submitted the claim incorrectly and you also need copies of all of the letters you sent trying to get the proper documents.
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Customer reply replied 6 years ago
Is it too late for me to ask pressler for documents if I answered their interrogatories already?
No, you have a right to discovery just like they had their right to discovery.
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Customer reply replied 6 years ago
And discovery is what the link you gave me correct?
That is correct.
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