Expert: Chris Ebert - 9/17/2009

Question
I received a letter from a collection agency two years after I had an operation in California.  I had to pay $4000 up front and my insurance paid numerous claims.  I never received a bill from the back institute for my couple hour outpatient operation.  Two years after the operation a collection agency sends me four bills totaling over $110,000 for this procedure.  I have spent the last seven months with two different lawyers (on the east coast) and I have gotten nowhere.  There are numerous discrepancies with the bills -- for example on the day prior to the procedure I was in and had dye injected into my back and a discography was performed at a nearby hospital (I have copies of all the dates, times, payments, etc.).  For this date they are charging close to $38,000 of the bill, there are double listings on the sparse invoice that was sent.  I have contacted the collection agency and sent them copies of the discrepancies and they balk at it and remain steadfast in asking for the $110,000 (plus an additional interest amount that now totals around $35,000).  They are asking for close to $150,000 for a couple hour procedure, where I was in and out in the morning.  The bill they sent also does not show any of the credits for my $4000 payment (I have a copy of this payment) and the payments by Blue Cross (I have copies of these payments too).
I even went as far as having my lawyer offer a settlement to the collection agency and the next thing I know is the collection agency puts it on my credit report and lowers my score by 150 points.
I have a great deal of evidence and have been proactive in contacting the collection agency through two different lawyers in an attempt to resolve this matter with no help.
My two next steps appear to be: contact the Attorney Generals Office in NY, PA, and CA (this is the location of where I signed the agreement to have payment made to them, where I had an office visit, where I had the operation and my home state.  The other option is to try and find a good lawyer in California that I can get all the details to and proceed from there.
Your input as to what kind of lawyer would best serve me in this matter and how to locate one would be helpful.  As well as, any other information you might be able to provide.
I have looked at the California Bar Association Referral Service and most likely will go this route but what field should I opt for when searching for a lawyer?


Answer
Jim,

I think the best place for a lawyer referral for this type of case is www.naca.net .  This association is full of consumer attorneys that take care of issues like this all the time.

My only other advice is that collection agencies will not deal with billing discrepancies. Their job to is collect what ever the main creditor tells them too. Go back to the main biller / creditor with your documentation to get the bill corrected and paid.

Chris