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4/30/2013
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27,690
Experience: 25 years experience practicing attorney
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Customer reply replied 4 years ago


Hello. My name isXXXXX was recently in a Rehabilitation center located in CA. I live in Md. I was there for 3 months. My insurance Carrier is Blue Cross blue shield. Once I was done with treatment blue cross sent me checks in my name. So I cashed them and spent them. They were for institute but they were in my name. A collections woman called mr and said I owe them like $55,000 plus. I admit when I got home I relapsed and spent all the money accept for 3,000 which Im sending to them. What can happen in this case? Again all the checks were made out to me. She was threatening that I could go to jail.Granted I made a mistake and because of me relapsing and almost being homeless when I got back soending the money but Could I go to jail or will they do a civil suit against me? Will they put a judgement on me? Could they do anything criminal to me or is that a sxcare tactic because she has me scared and Im trying my best to do what I have to do. I even told them they could put me on a payment plan even tho I dont make that much. I thought this would be like a doctors bill or any other medical bill. So can you help me?

LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,857
Experience: 30 years legal experience
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Good afternoon William,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. As your previous Professional has opted out, I can assist you.

Was your name the only name on the checks? Or was your name and names of the treatment provider on the checks as payee?

Doug

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Customer reply replied 4 years ago


Yes my name was the only payee name on check. They had a explanantion of benefit payments attached to the check with a summary of what they are charging me for like lab test, treatments, housing etc but thats it. My name was the only name on check and it was mailed to me. Now I will say they made me sign a form so that those checks will get mailed to them when I was out there but I guess something went wrong on there part and they sent them to me in my name. But Im the only payee on the check. Im really worried because I dont wanna go to jail and I dont know if she is using a scare tactic or what. I thought worst is that they could file a judgement or garnish check. which is still bad but I can pay on it.

Good afternoon William,

While you may have entered into a contract to provide the money to the providers, as your name was the only name on the checks, then you did not violate any criminal law in cashing them. Therefore, you can not be put in jail.

However, the providers that you did not pay can sue you and try to collect the money from you.

You might consider speaking with a local attorney about possibly filing bankruptcy if they do come after you and sue you.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
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Customer reply replied 4 years ago


Oh ok thanks sir. Yea Is it legal for her to tell me I could go to jail etc because she just kept saying the owner of the company wants everyone to go to jail who hasnt paid and she has a list for the police. Im thinking isnt this a attorney matter like what are the police for? She sounded real sure of herself. Can she do that meaning say anything to get funds? again Im the only payee on check. She did keep pressing the issue in the beginning when I relapsed to send her the checks immediately and sign them over to the copmpany. The company name isXXXXX I was the only payee. I thought since she was saying all this over her phone it was legal. She even sent me a text stating that they will be prosucuting me to the furthest of the law etc. So she can do that sir?

Hi William,

Yes, it is legal for her to lie to you---and that is all it is--lies, threats. You are not going to be prosecuted---that is just a collection agent being hateful and telling you things that can not occur under the law.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great evening,

Doug

LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,857
Experience: 30 years legal experience
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Thank you for your positive rating of my service, William. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
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Customer reply replied 4 years ago


Ok Sir thanks. Another question sir. She just left another voicemail stating that they are going to start prosecuting procedures early next week. Im thinking why would she leave a voicemail on my answering machine stating that if its not true? Again I was the only name on the blue cross blue shield check that it was payable to. The form attached to the check had what Blue cross was paying for etc, Lab test, housing etc.It did say on the benefits summary that they were paying for the services by them and what they charged my insurance company but i was the only name on the check. I just want to reassure I have nothing to worry about as far as the company American Addiction centers sending me to jail etc. Again on the staement it has my name as the patient and the provider which is them. The form attached to the check is called Explanation of benefit payments. Then it states( this is not a bill. This statement reports on a claim(s) we recently processed for you and/or your dependents. I dont know if I should even respond to her calls? Sorry I just wanna make sure because she sounds so confident that Im going to be prosecuted and put in jail. She says I owe over $55,000 which bout right but like I explain earlier in the question it ws because of a relapse and being almost homeless etc. I just wanna know again that Im not going to jail for this.

Good afternoon,

They can certainly sue you for the money that you owe, as you are in breach of contract, but because you paid for the insurance,a nd the insurance company chose to pay the money to you, it was up to you to pay the providers, and if you do not you are in breach of contract. But that is not a crime and you don;t go to jail for breaching a contract.

Doug
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Customer reply replied 4 years ago


Hello sir how are you and sorry to bother you again. I had another question pretaining to the questions Ive asked you about my situation. Is this considered perjury since I signed forms saying I would turn over all checks to them or send them to them? Im trying to get a better understanding of perjury pretaining to my situation. I hope not. Also sir I wanna make sure I didnt commit any fraud or anything.

Good afternoon,

Perjury requires that you make a statement after having been sworn to tell the truth---as in court, as a witness, or when you sign a document stating that you are providing your answers under penalty of perjury. Other than that, telling a lie, or making a statement of intent and changing your mind later, is NOT perjury.

As you may be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posing are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding,

Doug
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Customer reply replied 4 years ago


ok and I didnt commit fraud by this did I sir?

Hi William,

Unless they can prove that when you signed the paper, that you never intended to pay, and that you intended to keep the money---there could be no fraud. ANy way, you told me the form you signed was for the health care company to send the checks directly to the hospital and they did not do that. That can not be fraud on your part.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,857
Experience: 30 years legal experience
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LawTalk and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago


Yes I did sign as I can remember. I remember us calling my job for them to change my address on my insurance to come to them instead of me. So the lady they contacted at my work said ok email info over and they will do it. By that time I was already In ca. Now I later found out that in order for that to happen you had to be present at the job to do that which I did not know. I thought they were emailing the info over so am I good on that sir?

Good afternoon,

It sure sounds like there was no fraud on your part William. As I said, you do ow the money, but I just don't see any indication of you breaking any laws.

Have a great weekend
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