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Can I sue a company for sending me to collection by mistake.
Anonymous4 views3 answers
I had surgery 2+ yrs ago. My Doctor and hospital had all my personal and insurance information. All charges were paid and I paid my portion of the bill. 1 Months ago I got a called from a collection person saying that I was sent to them for a debt of $866.00 owed to "Brooklyn Anesthesia". I never deal with them, but the hospital use their services for surguries. I rever receive a bill from them before. I called the # provided and the lady on the phone admitted that they never try to recover from me or bill me for this charge. She asked for my insurance information to send Cigna a claim and then write it off when they deny. She said then, they will contact collection to fix it. I also got a letter in the mail proving the events above. It isn't this some type of defamation or something.
Does not sound like you would have a case but you should monitor your credit report to make sure no negative information is recorded there and get a writing from the doctor stating that the bill has been paid in full. They were your anesthesiologist, even if you did not know about them, and ultimately you would have been resonsible for the bill.
When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law.
The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.
However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.
You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!
Good Luck!
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
I don't see any actionable defamation here. The issue is wheter you owe the money. If it is for a service that was not fully covered by your insurance company then you will be liable for the difference. Some insurance policies have co pays and a certain amount that you will be responsible for after paying the docrtor and the co pay.
If the collection agency will close their file and Not resell the debt to another agency. Count your lucky stars.
If you received the services, then you were liable for payment. The debt is legitimate, even if you never received a bill. Make sure that you get an agreement in writing to waive, not write off, the remaining balance, if any, and to contact the credit bureaus and delete any negative information. Otherwise, you may have credit problems even with this agreement.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
