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Problem with the handling of a creditors claim. Can an attorney refuse to discuss a creditors claim with me.I am the rep.

Seattle, WA |
Filed under: Claims to debt

A few days ago I asked a question about what to do with a creditors claim. A health care center quoted the same out of pocket co-pay amount twice, then filled a creditors claim for twice the amount. Investigation= individual who gave me the quotes was in error.The care center is taking no responsibility for their error. (Was told this happens a lot)

I have been dealing with an individual from corporate headquarters about this issue, to no avail.
I indicated to her that I received some "advice" from an attorney about this issue and would like to speak with their attorney who sent me the creditors claim. I tried calling the attorney. His secretary said he needed to talk to my attorney and refused to speak to me. I explained what happened and that" I have no attorney".
What do I do now?

Attorney Answers 1

  1. The attorney is being cautious in not wanting to speak with you in case you have an attorney. Your initial communication may have indicated that you had retained counsel, and we have rules about speaking with someone that we know is represented by an attorney. Not a good idea. See RPC 4.2.

    There is nothing to prohibit you from writing to the attorney for the health care center and explaining that you believe there is an error in the amount of the center's creditor's claim. If they filed a creditor's claim properly, then you accept it, reject it or accept for a lesser amount in the time allowed. None of this really requires you to speak with the health care center's attorney.

    Alternatively you can hire counsel to be sure that the estate or some part of the process is handled correctly. Hope this helps. Elizabeth Powell

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