25 Mar
I need some help, I need to collect money from a patient who hasn't sent a dime for the last two years?
Posted in motor vehicle accident on 25.03.11
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Well this is a small clinic, we do oriental medicine and chiropractic services, back in 2008 we had a patient who had an motor vehicle accident, and had no insurance, but he assure us his lawyer would take care of everything, but for the last 2 year he has gone throug 2 or 3 different attorneys and for some reason we is unable to keep up with any of them, so nothing has been paid for the services we rendered, we try to contact him, we mail him invoices, and finial letters but all with no success. I call to a colleccion agency and they said, it’s not worth ’cause it’s only one acct, and I would be more expensive to do it that way, but this is my first time dealing with a problem like this so I need some help on who I can recover some of this money. Thanks and Only serious anwers please.
2 comments on this topic
25. March - 12:14 am
I agree. File in small claims court. You can handle yourself.
25. March - 12:14 am
Your patient probably got paid by his auto insurance or the other driver’s insurance. I think you may have exhausted the statute of limitations but am not sure. Call the Small Claims court and ask and if it is OK file a case in the same jurisdiction the patient lives in.
25. March - 12:14 am
~~If you agreed to see him under the expectation that you would be paid by his settlement, then you should have had him sign a green lien notice, and sent a copy to his attorney. This is the only way to be assured you would have received payment upon the settlement.
You can try the two different court methods that will work for the balance he owes, but experience tell me you should just write it off~~
25. March - 12:14 am
If the clinic is set up as a sole proprietorship, then you should be able to file a claim in small claims court without an attorney. Most jurisdictions will allow up to a $5,000 claim, others up to $10,000–you will need to research your local jurisdiction’s small claims court rules. If you file without an attorney it is called going "pro se". You will need to include notes on all the original treatments, a copy of the original agreement that the patient signed authorizing treatment and billing and copies of all subsequent billing, letters, etc. When you file make sure you include the total treatment cost plus court costs and interest at the maximum allowed in your state.
If the clinic is set up as a corporation or limited liability company (LLC), you will not be able to file the claim without the assistance of an attorney — at that point there will be several considerations as to whether it is cost effective. However, you can ask the attorney for the cost to write a letter (on their letterhead) to the non-paying patient threatening a lawsuit — many times this will be the nudge that will get someone to make payment arrangements and take the matter seriously.
I hope this information helps. Good Luck
25. March - 12:14 am
Court of small claims is the safest and cheapest method.
If the bills go higher then really push on the legal side, but small claims court almost definitely.
25. March - 12:14 am
You need to hire a lawyer and sue him in court. Or if it’s small enough, you need to file in small claims court, yourself.
25. March - 12:14 am
If you are dead set on collecting this debt, file a claim in small claims court against the person. The court will enter a judgment if you win (don’t forget to add in your court costs) and if he doesn’t pay then, you can go back to court and get further relief (garnishment, attachments, etc.),