collections due to incorrect billing procedure

[moe15]

What is the name of your state? New York
I am in a claim for workers compensation, in which all of my medical bills are being paid by them.
One of my doctors keeps billing me, and not the insurance. I have called to leave messages over 5x, and written a letter 1x explaining how they should correctly bill, and how they can contact me for more info. I then started receiving collection letters. I called them and left messages because they could not be reached either. The letters threaten lawsuit and liquidating debt, and forcing me to pay court fees.
My questions are:
Can I counter sue for court fees, harrassment, bad credit reporting, etc?
Is there anything else I can do to prevent this from going on my credit while it is being disputed?
HELP!
Melissa

Save all of the letters that they send you. You may be able to use them in court later. If you haven't already, read up on the FDCPA. You can find it here:
[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

The doctor's office has no OBLIGATION to bill your insurance. You may need to submit the bill to your insurance on your own and get them to send the doc's office a check. Start out by writing a letter to the doctor's office stating that you are working the matter out with your insurance company and they should pay them soon. Send the letter certified, RRR.
Next, file a claim with your insurance company on your own (or piggyback it on to your existing claim if you can). Get written confirmation from the insurance company that progress is being made towards resolving this matter, and forward that to the doc's office (certified, RRR). This may or may not stop them from pursuing a judgment.. but it would be stupid on their part to do so.

[moe15]

another question:
Even though the doc is not obligated to bill ins. co, isn't it non-compliance, and intentional neglect after all of the contacts I made to them?
I did look up some more of the info, and I am also receiving a "threat" to file property execution-is this right? The bill is less than $200, isn't this opposite as what is written in the fair debt collection processing act? (6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.)

I have already had my ins. co. submit a lettter asking for the doc to submit the bill in the correct form, and they now have a copy of my bill.
Thanks
Melissa

You're correct. It would be hard to prove that they didn't intend to take that action, unless this escalates to another level at a later date and no suit is filed. You and I both know they don't intend to sue over $200 (they'd be paying close to that in court costs to get a judgment anyway). You'd have to prove in court that they didn't intend to sue, and you don't have sufficient evidence yet.
Also, if you're going to quote the FDCPA to them, it's best to know what the acronym stands for - is you were to quote the "Fair Debt Collection Processing Act" to them, they'd laugh at you and stop taking you seriously.
It's the Fair Debt Collection Practices Act.
I'm very happy to see that you read it, though. You're now one step closer to being an informed consumer.