Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am wondering if I have any recourse to punish businesses…

Customer Question
I am wondering if...

I am wondering if I have any recourse to punish businesses that have sent me to collection agencies, doing serious harm to my credit rating, while all along knowing their monies are tied up in litigation.

Lawyer's Assistant: What state is this in? And when did the issue begin?

Michigan, and I received another notice in the mail yesterday. I have a legal firm handling my law suit, and they have notified they companies of the situation. I have told them that if this nonsense continues that I would seek legal assistance.

Lawyer's Assistant: Has anything been filed or reported?

Not sure what you mean.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The circumstances. I was being xfered via ambulance from one hospital to another on 12/28/15, where I was to spend up to, but no longer than, 21 days recouping from surgery. That ambulance rolled over 3 times with me in it and I spent 7 months in the hospital, flat lining, blood transfusions, the nine yards. I don't know anything other than my credit rating, which I've always been very protective of, has plummeted.

Submitted: 9 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
9/26/2017
Lawyer: Dwayne B., Attorney replied 9 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 9 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 9 months ago

What do you mean by "knowing their monies are tied up in litigation"?

What type of debts are these?

Ask Your Own Legal Question
Customer reply replied 9 months ago
medical - hospitals, ambulances and doctors
pain and suffering - on going but not in question as to my complaint just the 2 types of litigation on going the the ambulance companies insurers
Customer reply replied 9 months ago
not interested in phone calls presently as I'm tied up with medical supplier questions right now as well as awaiting a call from home care.
Lawyer: Dwayne B., Attorney replied 9 months ago

Unfortunately, there is no exception in the law for "amounts in litigation". Under your facts, you could make an argument that the ambulance company shouldn't be able to make any negative remarks or affect your credit rating under what is known as "unclean hands", meaning they caused the problem. However, that wouldn't apply to the doctors, hospitals, any ambulances used before the wreck, etc.

The pain and suffering and additional monies you think you may get through litigation have nothing to do with the creditors right to report late payments or no payments. There is no exception which forces them to wait until later for their money. Often you can gt them to agree if your lawyer gives them a "letter of protection" but that is voluntary and is a form of contract as opposed to something they are required to do.

As I said above, I don't do telephone calls anyway.

Ask Your Own Legal Question
Customer reply replied 9 months ago
Companies that sent me to collections.
Michigan Anestiologist Assoc. (not sure of spelling) while having 20+ surgeries and while in the hospital for 10 months mistakenly billed me for one of the surgeries and not the other 19+. As I was in the hospital they received no response and sent this one bill to collections. Their response upon my release was basically "whoops". Have heard nothing since but have the credit zing.
Ambulance company. same issue while still in the hospital they put me in, sent me to collections while aware of litigation. Nothing since but another credit zing.
The hospital I was taken to from the ambulance site, (had to be taken to closest one first) was aware that this was an accident and an insurance issue, sent me to collections anyway. Nothing heard from them after learning their fees where tied up in litigation. I still got the credit zing. Now they have sent me to collection again where I'll get another zing. I have told my lawyers about this newest issue.
I'm tired of having my credit rating destroyed, and the issues that introduces into my life, while not getting billed from these people, just sent to collections. I wanted to know if I have any legal recourse.
Lawyer: Dwayne B., Attorney replied 9 months ago

No, nothing that is likely to work other than what I have given you above.

There is no law that says they have to bill you, make sure you get the bill, bill you repeatedly, wait for you to collect money from a lawsuit (or anywhere else).

If the amount is incorrect and you dispute it and it is corrected then any zing you received due to the incorrect bill should be removed by the credit reporting agency (CRA). If the creditor doesn't correct the incorrect amount then they can be sued under the Fair Debt Collection Practice Act.

While I understand why you feel it is unfair, the law doesn't say that collection attempts must be put on hold while the debtor is in the hospital or that the creditors must make sure you know of the bill.

Ask Your Own Legal Question
Customer reply replied 9 months ago
Thank you, ***** ***** a retired metal stamping guru. One of the best I understand in the industry, or rather, was. I am expert in forming metal for the automotive industry. As for the law and legal issues I am completely naïve. So once again thank you. I am learning how my litigation is a 3 year ordeal on average. Strange to a man of my stripe, but apparently not to you. Obviously I didn't hear what from you I had hoped to hear. But fairness is not in the legal lexicon.
However you did school me on this issue and for that I'll remit to you whatever it is that I owe for this information.
Lawyer: Dwayne B., Attorney replied 9 months ago

No, three years isn't at all unusual. I had a wreck case once that I pushed to take to trial ASAP and the fastest I could get it there was 11 months. I've seen others that are 7 or 8 years old.

I do wish you the best and if I think of anything else I'll comeback to this question and post it. Once you issue your 5 tar Positive Rating the thread locks open so either of us can come back to it anytime in the future.

In the meantime, talk to your lawyers about doing letters of protection (LOP) and them asking the providers to withdraw any negative comments if they give them the LOPs. That can help with the credit score although it doesn't do anything to punish them.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. 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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Of A purchased flood insurance for our home. The insurance
B of A purchased flood insurance for our home. The insurance amount, insurer qualifications, and legal status of the agent (an affiliate of B of A) do not meet the terms of our mortgage agreement. We … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I did notify my insurance. What happens if my insurance
I did notify my insurance. What happens if my insurance denies and his carrier comes after me?… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
Does the price of car insurance offered by insurance
Does the price of car insurance offered by insurance companies usually vary depending on whether someone is driving an older car or a newer car? How much does it cost on average to fully insure a 2017… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
General construction contractor contract,If the contract
Second opinion] General construction contractor contract,If the contract signed for date of completion of project is overdue, is that breach of contract?And what are the steps to and result of subsequ… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
General construction contractor contract, If the contract
General construction contractor contract, If the contract signed for date of completion of project is overdue, is that breach of contract? And what are the steps to and result of subsequent litigation… read more
Bill Attorney
Bill Attorney
law
2,457 satisfied customers
I am the plantiff of a pharmaceutical tort litigation. The
I am the plantiff of a pharmaceutical tort litigation. The company being sue offered me a low sum of money which does not cover medical expenses of the initial surgery, the corrective surgery, or the … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Regarding estate will litigation,my attorney made an offer
Regarding estate will litigation,my attorney made an offer for closing the existing litigation as well as reminder that the passing of accounts is overdue by 1 year and must be submitted within 10 day… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Can a court ordered claim for money spent in litigation put
Can a court ordered claim for money spent in litigation put a lien on your homestead ? Once settled what documents show that on Florida official record … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Do you handlge civil litiiagations. Litigations Florida.
Hello, there my name is***** and I don't know who to go to. Basically to make a long story short I use to live with an Invidivual named Lia well we had a falling out and she never gave me my stuff back. She put a restraining order on me for stalking the only stalking I was doing was trying to get a hold or her so I can get my stuff she lives (where I lived) In Brevard Country I have been living in Miami 5 years this happened about 3 years ago to make a long store short I did get Restraining order.. Mind you I am not like that. Anyways it was almost over until Linkedin decided to send her an email on my behalf inadvertently and I got another year when I didn't even do it purposely I didn't even know it happened. (since it was a 3 party They added another year. et etc I can't sleep I cant eat nothing because I suffer from anxiety and panic attacks and I never got my stuff back I am gay she is straight and she will do anything to bring me down and she has. what I am saying the judge said if there is a way I can prove I purposely didn't send her an Invitation through LinkedIn he would drop the charges. I have the paper to show you but there is no way to attach and show you. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
American Home Shield insurance contract states AHS must be
American Home Shield insurance contract states AHS must be notified for work to be performed as soon as problem is discovered and prior to contract expiration. My wife in charge of household finances … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
968 satisfied customers
My question is about insurance, car insurance that is
My question is about insurance, car insurance that is involving an accident … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
When serving first amendment to a civil litigation, if the
When serving first amendment to a civil litigation, if the defendant won't open the door, is it ok to leave the paper at the doorstep or mailbox?… read more
Michael Gonzalez
Michael Gonzalez
JD
584 satisfied customers
Real-estate litigation question (Hudson county NJ). -
Real-estate litigation question (Hudson county NJ). Customer: - Brought a House in September 1st 2017 Sheriff Sale - Ordered An Ejectment Case submitted against previous owner in December 2017 - Previ… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
My former employer is facing criminal and civil litigation -
Hi! My former employer is facing criminal and civil litigation - hey are now suing all of us former employees because they simply want to try and stop us from talking.How do I know if I was sued prior… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
I need to chat with a ca. litigation attorney or one that
I need to chat with a ca. litigation attorney or one that knows the vehicle impound laws in 94601 well? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Can a hospital put a litigation in my daughter's medical
Can a hospital put a litigation in my daughter's medical records without my knowing? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am involved in a commercial civil litigation in Arizona
Hello,I am involved in a commercial civil litigation in Arizona Superior Court. I am the plaintiff. I am going to relieve my attorney on the case. The reason is because he is thwarting the case and co… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need someone to review a consultant contract for insurance
I need someone to review a consultant contract for insurance adjusting. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 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