Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

I had surgery in June 2015. Our insurance company paid the

Customer Question
Hello, I had surgery in...
Hello, I had surgery in June 2015. Our insurance company paid the surgeon's claim directly to us since the dr is out of network. I have since paid the dr 2/3 of the total and am making sizable payments. I KNOW they would have preferred all of it at once but with the bills for the surgery center, lab, and all others plus missing 5 weeks of work it just got absorbed in the budget. The dr hired a collection company/ lawyer claiming it is theft. I do not have it all to pay in full as they are demanding. I have every intention of paying in full at $2,000 a month. Over $26,000 paid to them so far. If they sue, I'll have to hire a lawyer and won't be able to pay the $2,000.
My understanding is my debt to them is between them and me and not related to the insurance payment, legally
.
Submitted: 1 year ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 7 minutes by:
2/16/2016
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35,832
Experience: 30 years experience in general legal matters.
Verified

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you today.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Has the debt collector threatened you with arrest if the debt is not paid?

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
Hello, I just found your response in my spam folder.
No, not directly, but he said there has been wrong doing and that there was an enclosed statute that considered it theft. He said the Dr was waiving his right to report it to authorities and prefers to settle it civilally. I think they misunderstand the fact that the insurance has contract with my husband who is policy holder and not responsible for my medical bills and that I have the contract with the Dr.
Never the less, I owe the money and intend to pay it. I never received a bill of any kind.
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Thank you for the additional information.

Do you have a written agreement with the doctor to pay monthly payments?

By the way, it is not theft.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Also, have you confirmed with your insurance company that you are liable for the difference between the amount they charged you and the amount paid by the insurance co.? Often, when an insurance co settles with a provider it obtains a release on behalf of the insured.

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
dr never agreed to monthly payments. Lawyer wrote letter demanding payment in full and I can't do that so I started making monthly payments to the collector, who reiterated that Dr hasn't agreed to that.
There is no difference. Insurance didn't pay to dr as he's out of network. I owe the amount claimed.
I am trying to get an agreement to monthly payments of $2,000 for the next 5 months. They are threatening to sue which seems counterproductive as I am paying and can't pay more. But, alluding to worse. I have a professional license to protect.
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

All you can do is negotiate. If they want to sue you can not stop them. The important thing is that if you reach an agreement make sure it is in writing so that you can enforce it.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Did you have further questions? Have I answered your question?

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
Would there be any benefit to me explaining to the lawyer/collector that the characterization of the insurance company sending me a check for the Dr isn't really accurate and that the check to my husband/ policy holder is separate from my responsibility to pay the Dr? I get the impression that Dr is indignant and feels taken of vantage of more than wanting his duly earned money.
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

I think you should not be dealing directly with the attorney. He is there to help the doctor, not you.

You may want to retain your own attorney to assist with the negotiation.

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
I know but that would leave less money to get this paid. What type of lawyer would you recommend?
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

A business/commercial litigation attorney.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Did you have further questions? Have I answered your question?

Ask Your Own Consumer Protection Law Question
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,944
6,944 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses.

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,944 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I have a wage garnishment from Hameroff Law Group. They have
I have a wage garnishment from Hameroff Law Group. They have been taking money out since July 2017. I am not able to pay rent or have much money left for bills. My wife and I have been married 25 year… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
In your opinion, should I NOT respond by the due date, and
In your opinion, should I NOT respond by the due date, and perhaps if they get a default judgment, then can I try to settle with them for less than the judgment amount by threatening to file bankruptc… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
I was served with a court summons from a... I was served
I was served with a court summons from a... I was served with a court summons from a bank for an unpaid credit card debt. I was offered a settlement amount a month ago and sent a check for that amount… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
I was served with a court summons from a bank for an unpaid
I was served with a court summons from a bank for an unpaid credit card debt. I was offered a settlement amount a month ago and sent a check for that amount. The check wasn't cashed. The full amount i… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
How can I stop foreclosure on my home? I'M in Texas, no one
How can I stop foreclosure on my home? JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this? Customer: I'M in Texas, no one is helping right now J… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I have a S corp. has been slow but beginning to pick up.
I have a S corp. biz has been slow but beginning to pick up. Never ever late on 941's. am currently 4 weeks behind, 211,000 owed. Is there a way to work out a payment plan so I can become current?… read more
Infolawyer
Infolawyer
Lawyer
6,944 satisfied customers
Was involved in an auto accident. No injuries but car
Was involved in an auto accident. No injuries but car declared a total loss by insurance company. Insurance company has offered a settlement based on their appraisal + applicable sales tax and dmv fee… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,256 satisfied customers
I traded in my used vehicle and the dealership wanted me to
Hello I traded in my used vehicle and the dealership wanted me to add 1000 down payment with and if I can't make the payment in 10 days I must return the vehicle but the sold my trade in … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Is it a good idea to email a pdf copy of the files that I'm
Is it a good idea to email a pdf copy of the files that I'm about to send via certified mail? Or is that overdoing it if my intention is to send a demand letter and let them know I intend to file a co… read more
Lucy
Lucy
Juris Doctor
129 satisfied customers
What steps are necessary to change vehicles under a contract
What steps are necessary to change vehicles under a contract purchase in Alabama? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
If I was defaulted and the rest of the parties negotiated a
if I was defaulted and the rest of the parties negotiated a settlement agreement, am I automatically bounded by whatever they negotiated 6 months after my default with out my presence?? my default was… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
If early in a case where there are 2 other defendants, am I
If I am Defaulted early in a case where there are 2 other defendants, am I still considered a party to the lawsuit? For example: there was a mediation conference months after I was defaulted. They rea… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is bankruptcy the only option? What would happen if I simply
Is bankruptcy the only option? What would happen if I simply stopped paying the collection company and credit cards?… read more
Loren
Loren
Lawyer
35,832 satisfied customers
What is the best way to negotiate with creditors to lower my
What is the best way to negotiate with creditors to lower my debt? I have not paid any creditors in 4-6 months, thinking that i would soon file for ch 7 bankruptcy..i have changed my mind, i want to p… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
How do I negotiate an auto insurance claim with USAA? my
How do I negotiate an auto insurance claim with USAA? my wheels are damaged, the shops says they need to be replaced, USAA says they can be repaired. I would prefer replacement wheels.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am in negotiations with Lexus because of a 2015 NX200t
Good day. I am in negotiations with Lexus because of a 2015 NX200t that I purchased new in January 2015. They've agreed to repurchase the vehicle as they cannot and have never been able to fix the def… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
I hired Tax Tiger to negotiate with the IRS and the FTB
I hired Tax Tiger to negotiate with the IRS and the FTB (California). I paid them $2000 and before they finished, with no results, they dropped the case because there wasn't much in it for them, and r… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
What is the best way to negotiate a credit card debt, and
what is the best way to negotiate a credit card debt, and how much on the dollar can I settle with.The debt was discharged in 2004 by the bank. A judgment was filed /recorded in 2008.… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x