For Bigun...Ready to pay creditors...but

[DebtFree4Me]

I was hit by a car in 1991 and the settlement is from a lawsuit. I saw 6 medical providers for my injuries.

I signed "lien letters" protecting their right to collect from the settlement per my lawyer's instructions some years ago. I don't remember what year. None of the providers have reported any negative information about me on my credit reports ever. I've only received sporatic invoices. There are 2 that have last contacted me 2 years ago. The others haven't bothered in over 4 years.

Even though I plan to talk to my lawyer in detail about this when the check comes, do you know what the "lien letters" really obligate me to do now that it's been 10 years after the dates of service on the bills?

 

[bigun]

Without seeing the letter, I'd have no idea. You truely need legal advice.
Personally, it looks like you slipped under the radar screen and I'd be inclined to stay that way. 10 years is a long time. These people may have retired,died, merged their pratices or, moved. The orginal paperwork may not even exist in their offices anymore. The office managers may well have moved on and the people there now have no idea who you are or even if you're alive. Whatever you decide, good luck!

 

[I AM ALWAYS LIABLE]

My response:

(Assuming this is California)

The limitations period concerning Medical Liens is equitably tolled during the pendancy of the action. A private person providing medical services to an accident victim is entitled to full reimbursement without deduction of attorney fees. A medical provider is simply a creditor of the victim and has no interest in the recovery in common with the victim. [Lovett v. Carrasco (1998) 63 Cal.App.4th 48, 55-57, 73 Cal.Rptr.2d 496, 500-501]

The applicable limitations period does not begin to accrue until such time as the litigant or the litigant's attorney places the medical provider on notice that there has been a settlement or judgment. Thereafter, the standard 4 years Statute of Limitations applies.

It is also a Rule in the Code of Professional Conduct that a litigant's attorney shall protect the interests of such medical provider. Therefore, and despite the medical provider's current situation, the money for the provider must remain in the attorney's client / trust account, and made readily available to any rightfully claiming medical provider, up to the 4 year limitation period. If there is no claim by such medical providers, the money is to be turned over to the client.

IAAL

[Edited by I AM ALWAYS LIABLE on 07-08-2001 at 06:08 PM]