Need some help, Re: HIPPA / Medical Records privacy...

[winbig]

Hey all,

To make a loooooooooooong story short:

A law office was granted a judgment against myself and my ex-wife in 1997. I was out of state at the time of court, and not to mention the fact that my ex-wife and I were never served with court papers. I'm calling the courts Monday to get further evidence of this.


To this day, they are still trying to get their money. I am still in dispute with them regarding the amount due, minus what I've already paid them.

Here's where it gets interesting:

I get served with court papers the other day (For a court date in December; 3 states away in Indiana), and call the law office (Thursday) in question to get a detailed breakdown of what was done on what date and the charges for those services.

The lady I talked with on the phone says she can do this, as long as I send in a written request (either FAX or snail mail) that is SIGNED. Ok, fine, I'll do this Monday.

I was tied up until Sunday, so when I get back home, I check my mail from the past few days, and low and behold, I have an envelope from that Law office.....hmm, interesting....

I open it, and not only does it have the court ordered judgment paper in there, but it has the list of services and charges along with it!!! hmmmmmm, I never sent them a signed release for these documents....

Here's the kicker. Not only does it have the office visits & reasons listed for my son (who was 1-2 years old at the time,) but it also has charges from my EX WIFE in there as well! This is privileged information that I have no right in seeing! Plus, they're charging this to ME? I don't think so.....In our divorce settlement, I was ordered to pay HALF of all medical expenses for my SON, NOT my ex-wife.

But, I digress. Am I crazy, or did they clearly violate HIPPA laws by sending this information to me without a signed, written request? The only information I provided the woman at the law office (over the phone, mind you) was my DOB, Address, Last 4# of my social and the court 'cause' number.

 

[RobWin]

Hey all,

To make a loooooooooooong story short:

A law office was granted a judgment against myself and my ex-wife in 1997. I was out of state at the time of court, and not to mention the fact that my ex-wife and I were never served with court papers. I'm calling the courts Monday to get further evidence of this.


To this day, they are still trying to get their money. I am still in dispute with them regarding the amount due, minus what I've already paid them.

Here's where it gets interesting:

I get served with court papers the other day (For a court date in December; 3 states away in Indiana), and call the law office (Thursday) in question to get a detailed breakdown of what was done on what date and the charges for those services.

The lady I talked with on the phone says she can do this, as long as I send in a written request (either FAX or snail mail) that is SIGNED. Ok, fine, I'll do this Monday.

I was tied up until Sunday, so when I get back home, I check my mail from the past few days, and low and behold, I have an envelope from that Law office.....hmm, interesting....

I open it, and not only does it have the court ordered judgment paper in there, but it has the list of services and charges along with it!!! hmmmmmm, I never sent them a signed release for these documents....

Here's the kicker. Not only does it have the office visits & reasons listed for my son (who was 1-2 years old at the time,) but it also has charges from my EX WIFE in there as well! This is privileged information that I have no right in seeing! Plus, they're charging this to ME? I don't think so.....In our divorce settlement, I was ordered to pay HALF of all medical expenses for my SON, NOT my ex-wife.

But, I digress. Am I crazy, or did they clearly violate HIPPA laws by sending this information to me without a signed, written request? The only information I provided the woman at the law office (over the phone, mind you) was my DOB, Address, Last 4# of my social and the court 'cause' number.

Was the court papers you got served the other day just for you to come to court about the money judgement still owed to them ??

If that was the case then all you should have to do then is just show up and answer to them in court that the statue of limitations has already expired on the time limit that they have to collect this debt...case closed.

Now that's not to say that they won't still try to collect it from you by other means...like a bill collector or even selling the debt off to a bill collector...but you can just ignore those idiots and tell them to put it where the sun don't shine...

 

[suzecat]

Winbig..........do you have access to a Legal Aide group in your area? If so, run your questions by them. Check also whether you can be forced to appear in court three states away. If so, see if you can appear by phone so you don't have to travel (cite hardship as the reason). Finally, I kinda recall that you receive SSI or something like that. If that is the case, I do not believe that income can be garnished, so you might be able to tell this creditor to stuff it. Oh, I am not licensed to practice law so this is not legal advice........yadayadayada.

 

[LaurieJim]

Hey all,

To make a loooooooooooong story short:

A law office was granted a judgment against myself and my ex-wife in 1997. I was out of state at the time of court, and not to mention the fact that my ex-wife and I were never served with court papers. I'm calling the courts Monday to get further evidence of this.


To this day, they are still trying to get their money. I am still in dispute with them regarding the amount due, minus what I've already paid them.

Here's where it gets interesting:

I get served with court papers the other day (For a court date in December; 3 states away in Indiana), and call the law office (Thursday) in question to get a detailed breakdown of what was done on what date and the charges for those services.

The lady I talked with on the phone says she can do this, as long as I send in a written request (either FAX or snail mail) that is SIGNED. Ok, fine, I'll do this Monday.

I was tied up until Sunday, so when I get back home, I check my mail from the past few days, and low and behold, I have an envelope from that Law office.....hmm, interesting....

I open it, and not only does it have the court ordered judgment paper in there, but it has the list of services and charges along with it!!! hmmmmmm, I never sent them a signed release for these documents....

Here's the kicker. Not only does it have the office visits & reasons listed for my son (who was 1-2 years old at the time,) but it also has charges from my EX WIFE in there as well! This is privileged information that I have no right in seeing! Plus, they're charging this to ME? I don't think so.....In our divorce settlement, I was ordered to pay HALF of all medical expenses for my SON, NOT my ex-wife.

But, I digress. Am I crazy, or did they clearly violate HIPPA laws by sending this information to me without a signed, written request? The only information I provided the woman at the law office (over the phone, mind you) was my DOB, Address, Last 4# of my social and the court 'cause' number.

this is interesting win, robs pretty good with that stuff and so is bingot, tom being in the medical feild should have some ideas on this for you regarding hippa laws......that is strange......................laurie

 

[suzecat]

Was the court papers you got served the other day just for you to come to court about the money judgement still owed to them ??

If that was the case then all you should have to do then is just show up and answer to them in court that the statue of limitations has already expired on the time limit that they have to collect this debt...case closed.

Now that's not to say that they won't still try to collect it from you by other means...like a bill collector or even selling the debt off to a bill collector...

Rob, the bitch about money judgements is they are valid for 10 years AND RENEWABLE.

 

[LaurieJim]

Rob, the bitch about money judgements is they are valid for 10 years AND RENEWABLE.

that i do know is true suze, you are right.............

 

[RobWin]

Rob, the bitch about money judgements is they are valid for 10 years AND RENEWABLE.

It depends on what state you're in too though Suze if they last 7 or 10 years and some states they are not renewable...in wins case the 10 year period has already expired too...since he said it was awarded to them in 1997..

 

[suzecat]

Rob, then why is he being served new papers by mail?

 

[winbig]

It depends on what state you're in too though Suze if they last 7 or 10 years and some states they are not renewable...in wins case the 10 year period has already expired too...since he said it was awarded to them in 1997..

Actually, the statute of limitations for a civil judgment is 20 years in Indiana.

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Answer

Indiana SOL's are, open accounts (credit cards,etc.) six (6) years; written contract for payment of money (promissory notes, etc.) before 9/1/82 10 years, after 8/31/82 6 years; written contracts for goods or services 10 years; domestic judgment against real estate 10 years; domestic judgment against a person 20 years; foreign judgments 10 years ('foreign' refers to abstract judgments filed from a different state). A summary can be found on www.cardreport.com. For the complete Indiana Code for civil procedures www.state.in.us. Not all information concerning state laws are up to date, and state legislative sites can be difficult to assess and find the information wanted. Please take note, SOL's can be used only as a valid defense in a lawsuit, they do not designate the time a debt can be pursued for collection.

 

[NASHVEGAS]

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....try this and state specific info. available!!

 

[winbig]

Here's the gist of the subpoena I was served with (via Certified letter: )

You're are hereby notified that you failed to pay the Judgment taken in the ..... as ordered by the court.

A further hearing is set for 12/12/08 at 9am to determine if you should be held in Contempt of Court for your failure to pay as previously ordered.

Should the court find that you are in Contempt of Court for Failure to pay you ar [exact typo!] facing possible sentence in the ....[JAIL(!)] and a possible fine.

The court will decide the issues raised by this information for Contempt filed by the Plaintiff at the hearing in the ....


yadda yadda yadda.

 

[RobWin]

Actually, the statute of limitations for a civil judgment is 20 years in Indiana.

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The court cannot levy on welfare benefits, Social Security benefits, SSI, veterans' benefits or unemployment benefits....

 

[RobWin]

Indiana Statutes of Limitation

Breach of contract for sale under UCC: 4 years.

Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.

Written contracts unrelated to the payment of money: 10 years.

Written acknowledgement or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.

Judgments: 10 years unless renewed.

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[winbig]

The kicker of everything is this:

Total charges: $1,655.43
Total Payments: $1324.93
=================
Balance: $330.50 (This is the judgment they received against myself and my ex-wife)

Now, the kicker of it is, in our divorce decree, I was only ordered to pay HALF of any medical bills relating to my SON. The judgment against me INCLUDED charges that my wife (now ex) incurred.

Let's take a look at the charges, MINUS those that weren't for my son:

Total Charges: $1655.43
Minus Charges for Ex-wife: $216.68
=======================

NET CHARGES for my son: $1438.73
Payments: $1324.93
================
Balance: $113.82

So instead of owing the $330.50 that they claim, I should only owe them half of $113.82, or $56.41.......which is actually quite a bit LESS than I have paid them over the years.....so they owe me money?

 

[NASHVEGAS]

Rob, then why is he being served new papers by mail?

Suze, at least in TN, service by mail would not be proper service......If a tenant in default moved out of state, I use to have to retain an out of state attorney to get a detainer warrant issued and proper service....not even sure how jurisdiction worked but usually ended up with a worthless default judgement but landlord/tenant laws for non payment are different in TN than goods and services!!

 

[winbig]

Indiana Statutes of Limitation

Breach of contract for sale under UCC: 4 years.

Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.

Written contracts unrelated to the payment of money: 10 years.

Written acknowledgement or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.

Judgments: 10 years unless renewed.

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Thanks, Rob; I'll be calling the courthouse in Indiana first thing in the morning to get this thrown out of court.

 

[winbig]

The court cannot levy on welfare benefits, Social Security benefits, SSI, veterans' benefits or unemployment benefits....

Yes, but as soon as I step foot back in Indiana, they'll lock me up (AGAIN!)

Case in point:

I moved back to Indiana back in 2004. Memorial Day 2005 (a few months before I moved back to Pennsylvania,) my ex-wife and son are at my place and we're about to have a cookout.

My ex-in-laws show up and start causing problems (they hate me,) so I call the sheriff. A Deputy comes, promptly tells them to get off of my property, but then they decide to run a check on my drivers license???? They find a warrant for me, directly related to this judgment (contempt,) and I get to spend a night in jail for it. I see the judge & attorney representing the law office collecting this debt, and I agree (what am I going to do, NOT agree???) to make more payments, and I'm sent on my merry way.....

I'm going to see a lawyer at Legal Aid in the morning and find out exactly what my rights are. At the very MOST, I'll send them $1 a month. It'll only take 100 years to pay off. But hey, I'm making an effort, right?????

I'm just hoping that they in fact DID violate the HIPPA laws, and are disbarred for doing so. Nothing would make me more happy.

 

[RobWin]

Were you a resident of Indiana when the judgment was won against you ??

 

[RobWin]

Something else I just remembered (thanks to Nash) if this judgment was to expire at the 10 year mark then if I am not mistaken, then they will have to try and sue you in PA now since you are no longer a resident of Indiana...that is if they still want to try to collect this money, but like you said the best thing you can do is to actually speak to an attorney about this..

 

[winbig]

Were you a resident of Indiana when the judgment was won against you ??

Hmm, good question.

Technically, NO.

I moved to Newark, DE in April of 1996, and landed a job there in May of 1996. They didn't seek, nor receive the judgment until January 8, 1997.

I believe you're required to live in a state for 6 months prior to being a LEGAL resident, so I was definitely a legal resident of DE when they received judgement.

Thanks for bringing this up. I see where you're going with this, and will ask the lawyer/court about jurisdiction issues related to the initial judgment.

edit: I don't think they should have gotten a judgment in the first place. I know when I was wanting to fight for custody of my son, I was told that I had to file the petition in the state where my son lived (in Indiana), or he had to live in my state (Delaware at the time) for at least 6 months. I doubt jurisdiction requirements would be any different in this case....although, I was able to file for divorce while I lived in Delaware.....lol *confusing*

 

[suzecat]

Geeze Win, had no idea you were talking about such small amounts of money. Surprising that any attorney is going to these extremes to collect it from you. Times must be tough for these attorneys. And for the court to help them do it is a huge surprise! Most attorneys in the judgement enforcement area don't try to recover less than 10 grand.

 

[NASHVEGAS]

Rob, LOL....I just was going to post all the potential issues which I am confused actually, then saw the word attorney et al in my post so I 86'ed it

 

[RobWin]

Rob, LOL....I just was going to post all the potential issues which I am confused actually, then saw the word attorney et al in my post so I 86'ed it

LOL Nash...

 

[NASHVEGAS]

Geeze Win, had no idea you were talking about such small amounts of money. Surprising that any attorney is going to these extremes to collect it from you. Times must be tough for these attorneys. And for the court to help them do it is a huge surprise! Most attorneys in the judgement enforcement area don't try to recover less than 10 grand.

Glad I 86'ed!!

 

[winbig]

Geeze Win, had no idea you were talking about such small amounts of money. Surprising that any attorney is going to these extremes to collect it from you. Times must be tough for these attorneys. And for the court to help them do it is a huge surprise! Most attorneys in the judgement enforcement area don't try to recover less than 10 grand.

Yes, it's very crazy. I even told the lady on the phone (paralegal?) that their law office has spent way more money trying to collect this debt than what I owe them, even at a court-ordered 8% interest rate per year. What gets me is that the small claims court takes them at their word when they file a suit against you, if you don't show up. This is also why I'm going to call the court house in the morning to find out if they even served me, or my ex-wife. I talked with her last night and she told me that she never received anything. I don't remember getting anything either.

Like I pointed out before, there are charges that I am not responsible for, and instead of owing them $330.50 in the original judgment, I was only responsible for $56.96. I'd laugh if they ended up owing me money in this deal, because I've paid well over this amount over the years. It's just that during 1997-2004, I wasn't in that great of shape (re: mental health) and didn't keep records pertaining to anything, let alone this judgment.....