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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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I received a letter from a law firm MBA law d. bluhm and

Customer Question

I received a letter from a law firm MBA law Mitchell d. bluhm and associates saying I owe 1402 from medical care received at Pelician Coast Emergency Physicians on 7-26-2013. I never went to that office and I believe this may be fraudulent. What should I do?
JA: What state are you in? It matters because laws vary by location.
Customer: florida they are from texas
JA: Has anything been filed or reported?
Customer: not to my knowledge. I never got a bill that I remember.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, thank you.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did you get any care or treatment anywhere on that date? You realize that emergency doctors and other doctors in hospitals work as independent contractors and their bills are separate from the hospital bill under the name of the doctor's corporation?
Customer: replied 4 months ago.
I don't know for sure. It is possible. It is strange that I never received a bill before this. My wife paid all the bills for me. She died unexpectedly on 11-4-2016. We went to two walk in clinics. They said to go the hospital. We did. They did not admit here. She died three days later. The ICU doctor said she died of lack of electrolytes and a low potassium level which forced her into cardiac arrest. Then for months later, the autopsy that the hospital ordered said she had some probable heart defect that went unnoticed her whole life. She could have been saved. She was 54, non-smoker, very little alcohol. No drugs. Healthy lifestyle. I have two kids that where 12 and 13 at the time. My life is ruined and so is my children's. No some scan artist sends me a bill that is 4 years old. I pay my bills. All of them. This is someone taking advantage of me at a weak point in my life. Thank you for your help. Sorry to rant about the unrelated issue.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
If you believe it is fraudulent, then you need to call the company/medical group and get further information from them about what the cause of the bill is. You also need to contact your insurance company and find out from them if there were any services on that date.
A 4 year old bill would also be almost beyond the statute of limitations in FL, but not quite, as the FL statute of limitations on a written contract is 5 years and if there is a written service agreement then they have up to that time to sue.
So, here is what you can do.
Send a letter to the firm stating, "I am writing this letter pursuant to my rights under the Fair Debt Collection Practices Act. As I have no knowledge of this alleged debt, I must deny liability. Pursuant to the FDCPA I am demanding you provide me proof that this debt is my debt in the form of signed contract for service together with an itemized bill proving the amount of the debt, as required by the Act. Furthermore, I demand proof you have legal right to collect upon this debt.
Failure to provide me the information requested herein shall be a violation of the FDCPA and can lead to legal action against you for up to $1000 per violation plus costs and attorney's fees as provided for under the Act. In addition I will file a complaint with the Federal Trade Commission as proscribed in the Act as well."
Then you will get the information on the debt for you to better know what it is from so you can decide then if it is legitimate or not.
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