Med/mal or neg? Dr defaults to patients, 'you are on your own' upon revocation of Schedule permit. Enforc/M.E.B. of AL: Dr treats pt(s) for chronic pain utilizing meth/ over a 9 yr period, acting in good faith et., is cited, tried & found in non-compliance with AL contr/subst. Act., should upon being cited, Any of his pt's 'have expected' or received, a reasonable standard of care upon Dr's citation, surrender or revocation of his certificate? Other than, 'Dear pt, I can no longer prescribe control/subst, so those of you experiencing "chronic pain" should seek out a Dr willing to write such, those of you "terminal pain issues'', I will attempt to refer to providers of same'. Reads good for record? Abrupt cessation of meth/hcl x/5 pts. All exp/w/drawal & assoc/expenses (medical, ancillary, soc/family fracture, et.) 1 deceased, 1 suic/attempt (5 wk/hospital), 3 more. Immunity in AL or all states?
John's answer: I'm not sure what you are asking here. Are you a patient who has been treated by this doctor? Are you upset because you could not get your prescriptions filled and this caused problems? Thanks John Watts Birmingham, Alabama
Is there a statute of limitation on government debt (DOD / DFAS)?: I worked for DOD in S. Korea from 8/01 to 6/03. In Nov, 2011 I received a call from a collection agency about a salary overpayment for periods 7/12/03 through 7/26/03. I requested documentation in writing and a response within 30 days as required by FDCPA. The agency received my request on 11/28/11. I received the response on 1/7/12, 40 days later (not certified mail). Earliest documentation from the agency includes an 8/3/10 letter of indebtedness from DFSA that references an earlier letter of 2/13/04, which was not included, both of which I never received due to an address change. There are also no copies of paychecks to show that it was actually paid to me, only a coded record from US Treasury database. I personally have no recollection, knowledge or documentation to prove or disprove
John's answer: Couple of thoughts for you. The debt collector does not have to provide documentation unless it wants to continue to collect against you and even then the law is pretty weak on what the collector has to provide. What we often see, however, is that the collection agencies will violate the law when collecting debts. You can read more about this at the link below. As far as proof of the debt, I would ask them again to give you detailed information. They are not "required" to do so but if they are collecting a debt that you do not owe, and you warned them that you think this is not a debt you owe, then they have problems. When we sue collectors, we like to see that the collection agency had a chance to do the right thing (investigate, correct false credit reporting, etc) but simply chose not to. Whatever you do, keep good notes so you can clearly document what has happened in your calls and letters back and forth with the collection agency. Best wishes... John Watts Birmingham, Alabama
Are punitive damages allowed under federal debt collection laws?: There is a debt collector I'm considering suing for their harassment and calling my relatives. I've read some different stuff on the internet, so i thought I'd come to the professionals. Are punitive damages allowed under the FDCPA? I've read that they are not included in the language of the Act, but I don't know if that specifically precludes them.
John's answer: The Fair Debt Collection Practices Act (FDCPA) does not allow for punitive damages. But your state law may have a provision that allows for punitive damages against debt collectors who violate the law. In Alabama, where I practice, we have a number of state law torts that in the right circumstances allow for punitive damages. The most common tort in a debt collection context is "Invasion of Privacy" but depending on what you are dealing with there may be others. As the others have suggested, get with a good consumer lawyer in California and find out your rights. Best of success to you.... John Watts Birmingham, Alabama