Collection Agency Trying To Collect And Fake Debt By Doctor
Dee:
I had a private doctor sell his practice to a big medical company, who I have no contract with , and haven't heard from in about 2 years start sending form letters and robo calls to collect something I don't owe,
I thought about initiating a complaint , any suggestions for causes of action from those who've been in a similar situation?
Catherine Albertini:
I'd save my energy for an impactful suit, something to better society. Are you hoping to sue or complain over free enterprise? Businesses can lawfully sell their interests to other businesses. It's called capitalism.
You might also want to write to the new owner and demand evidence that you owe them anything and request a copy of your contract with them. End with a request to cease and desist from contacting you short of proof of debt. Right now you have no damages and a suit would be dismissed. No harm, no foul.
Dee:
I already did that a couple years ago, and that's how they disappeared until now, my guess is they changed marketing or billing companies and all prior patients got reactivated with form letters and robot calls
Catherine Albertini:
I'd write them and terminate their care if that's what you want. In that letter, I would still require that they prove that a debt is owed to them.
Joseph Smyth:
Dee,
Misrepresentation of facts can be a tort. If what you’re saying is to be understood, it can lead to either a tort or someone trying to enrich themselves which could lead to unjust enrichment which involves equitable principles.
If it were me, I would contact them in writing and let them know of the risks that they are taking misrepresenting facts. You would essentially be playing a game of chicken (game theory) with those who are apparently trying to enrich themselves through fear.
Catherine Albertini:
This theory may hold in terms of criminal law.. attempted murder, or say extortion. I can't see how the theory applies civilly.
Joseph Smyth:
Catherine,
Have you looked into the different concepts of tort law? I never stated that Dee has damages, but since this would be a game of chicken, she would need to be vigilant including written communication as evidence.
The etymology for the word tort, means injury or wrongdoing. If someone is using deceptive strategies to gain a benefit that they don’t deserve, it would be fraud. This isn’t about a violation, but a wrongdoing such as dishonesty.
Dee:
there is no care with the hospital, never was any,
my private doctor sold his practice to a bigger hospital, they only gave notice that they "partnered" with the big hospital
shortly after that i started getting bills from them, so i did everything you mentioned earlier, and they just disappearred for about 2 years
the doctor i am sure was compliant in transferring records over , but now the hospital is in possession of my medical records, and are billing me for services i never asked for , and ive never signed a contract or consent or anything
Joseph Smyth:
Unjust enrichment can be based on mistake. I would recommend the book, “Restitution: Civil Liability for Unjust Enrichment” by Ward Farnsworth.
Ward Farnsworth is a law professor in the United States and has several books which I have. His information is valuable if you want to go deeper into legal tools. He does mention game theory such as the prisoner’s dilemma or tragedy of the commons. Knowledge is our greatest tool and weapon against evil and darkness
Legal Eagle:
I'd try a couple of things first, prior to initiating a formal Complaint.
1) Demand validation of the debt
2) Send a Cease and Desist letter
Starting with a written dispute, is the simplest way to build evidence.
Document everything.
Also,refresh your memory on the Causes Of Action section,within the course.
Catherine Albertini:
I'm not disagreeing but Dee stated consideration of filing a suit or complaint and as far as I can tell, Dee has no actual damages that would support a law suit unless for emotional distress which would likely be subject to psychological evaluations and other stressful events. Dee would be hard pressed to have a DA issue a criminal warrant against this hospital for billing practices.
Joseph Smyth:
Catherine,
You’re right about damages. I just wanted to provide some valuable information that she can use to discern strategies used to enrich others such as mistake. Equitable principles are based in natural law. You’re right about billing practices and not getting a criminal warrant. Have a good night.
Deceptive Practice is a ground for a lawsuit.
no immunity.
of course she has standing to seek remedy for all that harm. multiple causes of action.
this notion of judges having immunity only exists in the echo chamber of judges’ opinions, not in the constitutions and not in any actual legislation passed into law by elected representatives.
The courts blow past the argument on procedure. You have to make the prosecutor bring evidence of jurisdiction and stay on that one topic. If you argue merits, you’re the “person” in their jurisdiction.
I heard a story of a man that went into court with a Manila envelope. When the judge called his name he walked up to the bailiff with the envelope and said “that person is right here”. The judge dismissed on the spot.
These judges know this and will trick you or even ignore you. But the judge doesn’t have jurisdiction until the prosecutors brings actual evidence. If they proceed without that, then they open themselves up to liability for abuse of process
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