Wrongful Debt Collection and Credit Scar

[zra1974]

What is the name of your state (only U.S. law)? CA

I recently recieved a letter from a collections agency stating that I owe a hospital ER approximately $320.00(principle and interest). The date indicated that the collection was from Oct 2007. This was the first I had heard about it. After making a phone call to the collection agency and then to the hospital ER I determined what the collection was from. Some background.

On 5/7/2007 I was arrested for DUI. After being asked by law enforcement for my preference of alcohol testing I told them that I wanted a blood test. They took me to a local hospital ER where I sat(in their custody) for about 15 minutes. A nurse asked me typical pre medical exam questions and address information. At some point shortly there after I advised law enforcement that I was going to decline the blood exam in favor of a breath exam. They advised the ER of that and we left the premise. Keep at mind I never entered the ER, never took any blood test or had any other medical procedure performed and was only sitting on a bench outside where the ambulences park to bring in patients.

I found out from talking to someone at the hospital that the County of Los Angeles was billed and payed a charge under my account number, but there was a seperate charge having to do with the ER doctor that I was being billed for.


My credit reports now reflect a collections for the above charge. I have filed a dispute and am awaiting a reply.

My credit score has taken a hit was above 720 and is now about 680.

The hospital ER is not going to have any medical records to prove that they performed service on me(unless they falsify one). Even if they do I have the arresting officers name and can get my police report that will detail what took place.

My question is

Do I have any recourse? This has caused me great headache and im having to spend all this time fixing my credit. I had a line of credit pulled just last week as a result of the credit score drop.

ThanksWhat is the name of your state (only U.S. law)?

[debtcollector`]

Amazingly, I can still be surprised.

Originally Posted by zra1974

On 5/7/2007 I was arrested for DUI. After being asked by law enforcement for my preference of alcohol testing I told them that I wanted a blood test.

First mistake: Drinking and driving.
Second mistake: Asking for a blood test.

Originally Posted by zra1974

They took me to a local hospital ER where I sat(in their custody) for about 15 minutes. A nurse asked me typical pre medical exam questions and address information. At some point shortly there after I advised law enforcement that I was going to decline the blood exam in favor of a breath exam. They advised the ER of that and we left the premise. Keep at mind I never entered the ER, never took any blood test or had any other medical procedure performed and was only sitting on a bench outside where the ambulences park to bring in patients.

It doesn't matter if you are in police custody or not. You asked to go to the ER and you were taken to the ER. Just because you left ER in the middle of the process doesn't mean you don't have to pay for it.

Originally Posted by zra1974

I found out from talking to someone at the hospital that the County of Los Angeles was billed and payed a charge under my account number, but there was a seperate charge having to do with the ER doctor that I was being billed for.

Okay, grab your checkbook and pay for your trip to the ER. What's the problem here?

Originally Posted by zra1974

My credit reports now reflect a collections for the above charge. I have filed a dispute and am awaiting a reply.

What did you dispute? That you shouldn't have to pay medical bills because you were drunk and dumb? -- it doesn't work that way.

Originally Posted by zra1974

My credit score has taken a hit was above 720 and is now about 680.

That's because you failed to pay your bill.

Originally Posted by zra1974

The hospital ER is not going to have any medical records to prove that they performed service on me(unless they falsify one). Even if they do I have the arresting officers name and can get my police report that will detail what took place.

And your point is?

Originally Posted by zra1974

Do I have any recourse? This has caused me great headache and im having to spend all this time fixing my credit. I had a line of credit pulled just last week as a result of the credit score drop.

My God. You are a drunken driver, a selfish inconsiderate person wielding a 2,000 pound car as weapon and endangering the lives of all your neighbors and passersby through your community. Then you played games with the police and wasted their time and clogged up an already overburdened medical system with your tripe. And you actually have the audacity to complain that you failure to pay your bill was put on your credit report.

THIS CAUSED YOU A GREAT HEADACHE? Perhaps you ... no. No perhaps. You need to do some serious thinking about responsibility.

DC

[zra1974]

ok, i understand the moral issue of drinking and driving. i made a mistake and have paid for the consequences.

this is about being charged for a service that was not rendered. i should expect to have to pay the ER for sitting on their bench for 15 mins? if it was 30 bucks i might agree, but i was charged 300 bucks.

[cosine]

Originally Posted by debtcollector`

It doesn't matter if you are in police custody or not. You asked to go to the ER and you were taken to the ER. Just because you left ER in the middle of the process doesn't mean you don't have to pay for it.

It was not in the middle of the process. He was finding out what the process involved. Once he found out, then he decided this was not the appropriate process for him.

Originally Posted by debtcollector`

Okay, grab your checkbook and pay for your trip to the ER. What's the problem here?

The only reason to pay is because it is easier to do that instead of the right thing and sue the hospital for wrongful billing.

It is very common for hospitals to have billing errors like this. According to my lawyer, hospital billing offices are grossly overworked and mistakes are commonplace. My case with a hospital was even smaller than the OP's case, but the hospital settled before trial for many times what the original billing was about (mostly going to the lawyer). Fighting their incompetency is expensive and that is sad. Most people won't want to do it and the hospital administrator know it, so they know they don't need to spend money to improve the accuracy of their records keeping and billing.

Originally Posted by debtcollector`

What did you dispute? That you shouldn't have to pay medical bills because you were drunk and dumb? -- it doesn't work that way.

For services not rendered.

I hope your newspaper doesn't end up billing people for papers not delivered. But, based on the attitude that emerges from the pattern of your posts, I feel very sorry for whatever community is going to be stuck with you as the (probably) only newspaper in town.

Originally Posted by debtcollector`

That's because you failed to pay your bill.

Why should anyone pay for hospital services not rendered and for newspapers not delivered?

Yeah, I made up the part about newspapers not delivered. I really have no way to know if your newspaper will have that issue or not. But I do have experience with a major newspaper (NYT) having just such issues. I should have sued them for their stupidity. Maybe more businesses would quit acting stupid if more people sued. But it fell off my CR, and so was moot.

[zra1974]

Thanks Cosine

Appreciate the defense.

You sort of implied that I might be able to sue them if they are not willing to just drop it and correct my credit. Am i interpreting this correctly?

This would NOT be my preference. I'm not trying to get money from these people, but I would like my record corrected.

[zra1974]

One more question/comment

The issue here for me is more principle than the money. I can afford to pay the bill, but at this point I would think that paying the bill would not correct my credit report. Is this correct? This is not a consequence I'm willing to suffer just to settle this matter.

[Zigner]

The bill is very small. That means it's for the initial intake assessment (which you acknowledge you went through). Bottom line - it's a valid bill, pay it.

[debtcollector`]

Originally Posted by zra1974

ok, i understand the moral issue of drinking and driving. i made a mistake and have paid for the consequences.

this is about being charged for a service that was not rendered. i should expect to have to pay the ER for sitting on their bench for 15 mins? if it was 30 bucks i might agree, but i was charged 300 bucks.

Emergency rooms are expensive.

DC
PS On a side note, I am surprised the county paid a portion of the bill and hasn't come after you for it yet. You may want to check on that.

[Antigone*of*Greece]

Originally Posted by zra1974

ok, i understand the moral issue of drinking and driving. i made a mistake and have paid for the consequences.

this is about being charged for a service that was not rendered. i should expect to have to pay the ER for sitting on their bench for 15 mins? if it was 30 bucks i might agree, but i was charged 300 bucks.

You have not paid for your consequenses - you've got at least one more bill to pay.

DC - I'm with you - it doesn't cease to amaze me

[zra1974]

Did something thinking and based on some of the comments here I've decided to pay the bill. Since I didnt even find out about this bill until about 2 weeks ago, however, I'm going to tell the creditor that I will only pay if they remove the mark from my credit report and if they deduct the interest.

I suspect that they will claim that they can't fix the credit report issue, so Ill refuse to pay.

I hope I'm wrong on that point.

Even though I didnt like some of the responses, at first, I appreciate them and the general advice.

Thanks

[Zigner]

If you come to an agreement, get it in writing.
Don't expect the interest to be forgiven.

[zra1974]

Zigner -

The hospital admited to me that the bill they sent, muliple times, was returned to them. They didnt have my apt number apparently. Do you still believe they will force the issue on the interest?

[Zigner]

Originally Posted by zra1974

Zigner -

The hospital admited to me that the bill they sent, muliple times, was returned to them. They didnt have my apt number apparently. Do you still believe they will force the issue on the interest?

Yes I do...

[cosine]

Originally Posted by zra1974

Did something thinking and based on some of the comments here I've decided to pay the bill. Since I didnt even find out about this bill until about 2 weeks ago, however, I'm going to tell the creditor that I will only pay if they remove the mark from my credit report and if they deduct the interest.

I suspect that they will claim that they can't fix the credit report issue, so Ill refuse to pay.

The collections agency cannot remove the entry from the original creditor. It's not theirs and they have no authority over it. Only the original creditor can do that. You need to get the hospital to take the account back as part of the agreement you negotiate with them. Your position with them could be something like:

"Had the hospital actually provided a service and completed the informational steps, the amount billed would have been paid on time, and no negative credit information would have been entered. The agreement corrects the error and deletes the negative credit report entry so that it reflects the situation as if the hospital error had not happened."

(It would not really be worded like that) You would be admitting that you owed the hospital money (whether you actually do or do not), perhaps based on costs they incurred as a result of initiating and not completing the process. If you owe it, you owe any reasonable interest regardless of whose fault is involved in the delay of billing (you gained financially by keeping the money you should have paid, while the hospital lost an equivalent amount).

[Chien]

OP – With due respect, after posts #7 and #8 this thread should have ended. California’s version of the FDCPA applies to original creditors, and pigs will fly and Hades will freeze and hospital administrators will be fired before anyone agrees to something such as cosine suggests.

This is what will happen: the hospital will tell you to deal with the CA. They’ve referred the matter to the CA, the CA must be paid whether or not you pay the hospital directly and, bottom line, it gets the hospital out of all of this haggling about collections; it’s a hospital, not a CA and the debt is old. Neither the hospital nor the CA will delete the CRA record. You will be told that they can’t, and it will be true. Beyond that, the only “error” the hospital made was mailing to you without an apartment number. Were you in condition to remember that you provided one?

You say you were billed $320 for principal and interest but the hospital bill was $300. I have a hard time grasping that. Any CA would have added interest at the statutory rate. Even if they calculated from October, rather than May, that would put the original bill at about $150, given your state’s pre-judgment interest rate. Maybe you’re right; a $300 debt earned $20 interest in 13 or 18 months. It’s just uncommon. But even if it’s true, the drop in your credit score is costing you more every time that you apply for extended credit. So fight. Refuse to pay more than principal and demand a deletion. Post back with the results. Hope I’m wrong about what they’ll be.