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I am preparing for a justice court case and need a few

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questions answered. I think the...
I am preparing for a justice court case and need a few questions answered. I think the issues are fraud and/or violation of the fair debt collection practices act but not sure. I had a procedure Aug this year, an MRI. Instead of computing the copay according to my benefits which would have resulted in my copay being $244; instead they charged me $550 but i paid it with a debit card. After ins was filed and claim processed, it was evident that i had met my out of pocket max and ins should have paid at %100 so they did. After the hospital and i received the EOB i called and requested a refund of my $550. For a month they kept saying check isin the mail. Then they said they had "reallocated" the funds to pay on a past due account i have know knowledge of and was never billed for. Incidentally, I know that if you arent billed for a medical service by a certain time period, (which i have in my notes) and which has passed long ago, it cant be collected. But anyway, I expressed my disagreement and told them i was reporting them to the TDI and HHSC which i did that day. When i inquired about the "mystery" acct they said they couldnt tell me the balance or anything else, because they no longer held the account, it was sent to a collection agency. When i contacted the agency, i was told they did have the account but knew nothing of the $550. The agent even agreed with me that to apply an insurance check sent for a specific date of service to a different account and DOS was not practice, not ethical and possibly fraud...at first. As to the account they applied the money to,all they told me was it was sent there on Aug 17, 2015 and three letters were allegedly sent out on Oct 18, 21, and 26. They had my correct address but i got no such letters. They said that was the only account i owed on which is also what the hospital had said. My money was sent to coll. agency on 11/17/17 and the balance on the account was $832.28. Additionally, it had been past the company's statute of limitations for some time and other than the "three letters" there had been no other effort to collect on it. I called the hospital to confirm what i had been told bc there has been so much confusion and so many "the checks in the mail" answers to my inquiries. They hung up on me (not the first time at all) So i filed the suit on Dec 5. My questions relate to how to phrase the issue. I looked into the fair debt act bc i think it is deceptive and fraudulent to apply the ins ck in that way. The ins co confirms it could be breach of their, and by association, my contracts. So questions: 1. how to phrase issue
2. how do i prove what i was told. is it heresay for me to say the agents said this and that? Do I need interrogatories for that?
3. Should i contact some kind of expert,
4 Is asking for discovery something i need to be thinking about and if so can that request be made before trial set or does that depend on the specific court?
5 As to discovery do general civ pro guidelines apply; what is the procedure ie ask judge first or ask opponent first? and
6. Can i amend my damages request? I ask this, and I'm being so thorough bc im a little scared. They hired a firm and sent me a general answer and counterclaim for 1,288.75, pre and post judgement interest, atty fees and suit costs up to $10,000 the limit. Ive been to lawschool but havent practiced much and i realize there is some intimidation going on here for them to hire a firm over $500 but I feel very strongly about this and have invested countless hours trying to resolve it. Plus Im a nurse, and healthcare fraud is a pet peeve and in their answer they said i had "made no attempt to resolve past accounts." How could i have? They even told me there arent any. Thank you kindly for your patience and attention to something that may seem trivial in a way.
Submitted: 6 months ago.Category: Consumer Protection Law
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1/1/2018
Consumer Protection Lawyer: Amadeo Rivera,
 replied 6 months ago
Amadeo Rivera
Category: Consumer Protection Law
Satisfied Customers: 88
Experience: Sr. Trial Attorney II at El Paso County Public Defender
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