Personal Injury case in California. Collection company for ambulance sends a lien letter. We never signed or returned. VALID?

Asked 12 months ago - Riverside, CA

Basically I am wanting to know if I as the personal injury client can take that money and settle up with the ambulance company on my own time. Or, is the attorney absolutely required to turn this money over to a private ambulance company's private collection agency. What are your thoughts. The attorney said he and I never signed anything in that regard, but wants to make sure he doesn't get himself into any trouble.

Attorney answers (7)

  1. David Vincent Hiden

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . If you nor your attorney has signed a lien, you can take your time paying it. The best thing to do is have your attorney negotiate it now and pay a reduced amount up front. I'm not sure why he doesn't understand the law unless he doesn't practice much personal injury. Either way, if it's in collections, your credit rating will be harmed.

    Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship;... more
  2. Ryan Daniel Bright

    Contributor Level 10

    12

    Lawyers agree

    Answered . No lien. You can pay now or pay later. Collection companies are notorious for refusing to reduce the amount. Too bad it got to collections before an agreement could be made to reduce the amount.

    This communication offers general information based on the very limited information provided, and does not... more
  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Having recently finished litigation with one of the largest collection companies in the United States, I can assure you that you would be over your head trying to negotiate with them when you have an attorney that is willing to do it for you. Your attorney is not going to charge you any extra money for negotiating with the collectors. Many of us take pleasure in doing a great job for our clients and love to battle with these collectors. Do not do it yourself. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . This debt can likely be negotiated down by a lawyer in your state.

  5. Michael R Crosner

    Contributor Level 20

    7

    Lawyers agree

    Answered . This is a question for your attorney to answer & resolve.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. Steven Curtis Gnau

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . The money owed to the ambulance company is for the service that they provided and as a result, the provider can seek payment under contract theories (even though you did not sign a contract with them). A lien is a security interest that the provider has in order to effectuate payment. As a result, whether the lien is valid or unenforceable is unrelated to the obligation to pay the underlying debt owed to the healthcare provider. Therefore, it is important to understand that even if you could overcome the lien and have the money turned over to you, you would still have the obligation to pay the debt. The lien and the debt are two separate issues. I agree with the other posts that seeking a reduction and resolving the underlying debt is the best approach – especially where the ambulance bill was presented as part of the claim that resulted in the payment of a settlement. See our blog

    This response is not meant as legal advice or as a legal opinion. Such advice would be impossible or impractical... more
  7. Benjamin Prescott Tryk

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . If you don't sign a lien, it's up to you to pay out of your settlement. Your attorney could likely negotiate a better settlement of the ambulance bill, but if you wanna blow them off, that's your option, I believe.

    DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,249 answers this week

2,772 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary