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

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

Posted

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; that due to the various state laws that the information provided is a general overview of the law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for adviceThis response does not constitute or make an attorney-client relationship as it is made for general purposes; answering attorney does not possess enough information to inform recipient of the applicable statute of limitations. You may also contact Mr. Hiden at (619) 296-5884 or by email at "dhiden@hrollp.com"

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Asker

Posted

Thanks for that. The issue is that neither of us have signed, and he tried to negotiate with them and they won't budge more than a few dollars. I am already in collections and would rather take the money now and deal with them later. Just don't want the attorney to end up on the hook. He is a friend.

David Vincent Hiden

David Vincent Hiden

Posted

call me up and i'll walk you through it free of charge to help...Dave..619 296 5884.

Posted

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 constitute the giving of legal advice, nor does it establish an attorney-client relationship.

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Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

I understand that but it affects me so I am looking for a second opinion. Please help.

Posted

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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

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

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Posted

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 without additional information and more facts giving rise to the question. A consultation with an attorney is necessary.

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Posted

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 are in search of legal advice, you should consult with an attorney about your specific situation. Communicating with Tryk Law, Accident Injury Attorneys through the use of this website does not establish an attorney/client relationship. You should not disclose any information that you consider confidential until an attorney/client relationship has been created.

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