Need advice for my mother please !

Discussion in 'Random Ramblings' started by unionwirewoman, Nov 29, 2008.

  1. unionwirewoman

    unionwirewoman Chillin' With My Peeps

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    Sep 14, 2007
    Kalispell , MT
    This is a very long story ... but I'll try to condense it down as much as I can . Six years a go my mother married a guy named Red . Seven months after they were married , an SUV hit them while they were riding a 4-wheeler . Red turned out with a fractured knee cap....my mother almost had her left leg removed ( 13 breaks , half of the major nerves and tendons are gone ) . A week after the accident Red left my mother . She was bed ridden for 4 months . 8 months ago my mother recieved bills from the hospital ( AFTER 5 YEARS ) for his stay . She called them and told them they were divorced . She was then turned in for collections....talked to them...they said they would make him pay it , and he did . She just now called me telling me that they are putting a lein on her bank account for other bills which she has never seen before . These bills are from Red's hospitalization , not hers . She lives pay check to pay check . I just don't think this is lawfull ! How can you put a lein on someones acoount when they have not recieved any word that they owe money ! Especially when it's not her bill to pay in the first place !

    I need any info you all can give me ! We can cover her for the bill...but we are both out of work also .[​IMG][​IMG]
     
  2. willowcol

    willowcol Chillin' With My Peeps

    Oct 10, 2008
    Macclesfield NC
    So sorry your mom is going through this. I understand how she feels, my husband is a Jr. Just think how we felt when a lein was put on our account and they started taking part of his pay checks for a loan his dad didn't pay. We got it straight but was a mess. They get really bad about trying to collect when you get close to the statute of limitations in the state you are in. I believe what happens is if they can get any money at all on the bill the time starts over again. So most billing places will do whatever they have to to get any payment at all on the loan before the time runs out. The sad part is they do have a right to do this, it isn't fair but if they were married they will do whatever they need to do. The only thing I can tell you to do is if the lein isn't on her account now pull the money out and open her an account in your name. That way they can't touch her money, and depending on the state the judgement should expire soon and she will not have to worry about it anymore.
     
  3. justhatchin

    justhatchin Chillin' With My Peeps

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    Galva, Kansas
    I'm not an expert but --
    Your mom needs a lawyer- legal aid here in ks will help certain cases with low income or no income.

    I also think she needs to put a disclaimer in the paper-legal notice(public notice)- stating that she is no longer responsible for his bills- If they are still married they can come after her for these bills (I believe).

    Find out if she can get legal aid if your state has that. Any lawyer will talk to you once generally without a fee and can explain your options.
     
  4. redhen

    redhen Kiss My Grits... Premium Member

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    wow!..i'm sorry to hear this!..i didnt even know they could put a lean on your acct. i knew they could your paychecks..etc..but, not your acct.?..sorry to hear this, i hope things work out for her!.., Wendy
     
  5. unionwirewoman

    unionwirewoman Chillin' With My Peeps

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    Kalispell , MT
    Thanks for the advice...not really what I was wanting to hear though.....She just got the letter today , so I would assume they already have the lein in place . The sad part is she works at the bank....the good news is the bank knows what was going on....when the accident happened , they paid 2 house payments for her . I guess if worse comes to worst , she can move in with us and try to sell her place.....my sister and her 4 yr old daughter live with her though....so it would be a house full .

    Thank you again .
     
  6. unionwirewoman

    unionwirewoman Chillin' With My Peeps

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    Quote:Thank you .....I was hoping we could look into something like this !
     
  7. debilorrah

    debilorrah The Great Guru of Yap Premium Member

    Unless I am mistaken they cannot take money out of an account that does not have his name on it, and I think that only the IRS can do that in the first place. Collection agencies try all kind of tactics to get the money because they get a commission..... It's mostly BS - I used to work for one. USED TO. I don't think her bank account is in any danger.

    And yes they can collect on his bills because they were married at the time, but they cannot take her bank account balance from her.
     
  8. justhatchin

    justhatchin Chillin' With My Peeps

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    Galva, Kansas
    Hope it all turns out well! [​IMG]

    Things like that get under my skin:/
    makes me [​IMG]!

    Again Good luck.
     
  9. Mahonri

    Mahonri Urban Desert Chicken Enthusiast Premium Member

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    My Coop
    Quote:Yeah, what she said.

    Did they not get a lawyer when they had the accident in the first place?
     
  10. Rosalind

    Rosalind Chillin' With My Peeps

    Mar 25, 2007
    Lawyer up. Seriously. In any way possible.

    Document all phone calls. Get name of caller, the name of the collections agency, the address & phone number of the collections agency, time and date of call.

    Collections agencies can only collect on a bill when you have been billed and the bill is indisputably yours and all of it, every last line-item on it, is also yours. Hospitals need to send you an itemized bill that notes every last item they are billing you for, down to the name and number of medications received. They cannot surprise you, send bills to collections that have not been legitimately billed in other ways, send you bills that are not yours, or bill you for services you never received.

    Make no mistake, they are doing this to your mom because they honestly believe she will NOT get a lawyer to fight back, or cannot afford a lawyer to fight back. Second the recommendation to go to legal aid if possible. If the state doesn't sponsor such a thing, sometimes law schools do.

    Also, write a nice letter (paper, not email) to the state Attorney General. CC it, certified mail, to the collections agency and the hospital administrators. Write another letter to the hospital administrators, CC'ed to the state attorney general and collections agency, explaining that these bills are for treatment of her ex-husband's injuries, NOT HERS, and if they wish to send a bill they can send it to (ex-husband, 1234 Main Street, wherever USA). These letters will be more effective coming from a lawyer than from her personally, but do whatever you can. Do not negotiate on the phone; if you must, for whatever reason, negotiate by phone, send a hard copy letter to the hospital and collections agency reviewing all the points discussed in the phone call. Collections agencies have a habit of claiming phone calls never happened and they never said that, type of thing, so if you have a hard copy letter documenting who you talked to and what was said, that's better proof that the phone call happened.

    Do not think for one instant that these people are bargaining in good faith, or are nice people who would not want to put an old lady out on the street. They are nasty, nasty creatures, and everything I can say about them is inappropriate for a family forum.

    I had to deal with these buggers when DH was injured at work and the claim naturally went to Workman's Comp--his employer did not dispute it and admitted it was their fault for inadequate safety guards. At the time WC had just been privatized by the state. The double-billing, triple-billing (i.e. billing us after the claim had already been paid by WC, to see if they could get twice as much money), the lost records that magically reappeared, the previous WC accountant who got fired, the next WC accountant who also got fired, the multiple billing, the collections agency, it was all insane. The only thing that stopped it all was a letter from a lawyer explaining that the penalties for double-billing (AKA mail fraud) were severe and would be pursued working with the state Attorney General to the fullest extent of the law.
     

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