Expert: Michael Brotherton - 5/23/2007

Question
   i was in a very severe auto collision resulting in multiple fatalities, and i was nearly killed myself. i was in a coma for several months after. when i was substantially recovered i was incarcerated as a result of my role in the collision. i was released about 6 months ago and obtained my credit report from annualcredit report.com when i noticed there were 2 potentially bad debts. i was very surprised because i always pay anything i barrow as agreed. one was only 90 for a specialist visit, but the other was a $926 ambulance bill. i had very good insurance that would have paid this bill with no questions asked. so i called blue cross and they said the 90$ bill was on record but must have "fell through the cracks" and would be resubmitted and pd. however they also had never received the 926$ ambulance bill. there policy is not to accept claims after 1 year since date of service. my secondary insurance only accepts claims within 6 months of date of service. so i called the hospital billing dept. to see why i was sent collections on a bill i had never seen. they told me they made several attempts to contact me regarding this bill and listed dates. i responded no #@^%@#$% way and asked at what address. they were sending them to an address i had not lived at in over 3 years at the time of the accident (6 now). the man at the hospital said he would take $500 so i grudgingly asked what my payment would be, he said if he reduced the amount it would have to be a lump sum payment! i receive S.S. disability that impossible. i think its only there fault this bill wasn't pd. the hospital i was life flighted to is only 20 miles away couldn't they have contacted me there? or isn't there away for them to get a current mailing address from the post office? ...anyway my real issue is i think it was there lack of initiative that resulted in this problem, and i hope there is something i can do. please HELP

Answer
I'm afraid your argument, however legitimate, would not hold up in court. The good news is that youmay be untouchable from a collection standpoint. Depending on your state they may not attach SS income or other retirement/disability. They may attach checking and savings or put a lien against your home if you are a homeowner, but they cannot get what you dont have. They wont foreclose for that amount of money. Offer them $300 or tell them to leave it alone (if you have it). Send them a cease and desist letter by certified mail and advise them to stop calling you. You may not be able to avoid a judgment but after that they have no way of collecting their money. You may be safe. For more information call me at 877 270 8204.