This page is designed to supplement our intake process when you are dealing with medical debts. We would ask in addition to completing our intake form (which is basically just four questions you can type in an email to us), you follow the steps below.
When should you retain us?
We need to make sure that it is cost effective to retain us and that the rewards are greater than the risks. We use this flow chart to determine that answer:
- Is there a potential counter claim or defense?
- If there is a collection violation, fraud, failure to bill insurance, etc., we can almost always help with a solution.
- You would have a full array of litigation, settlement, bankruptcy, and other options. You should likely retain us or reach out to discuss your options.
- If no counter claim or defense, does the debt exceed $5,000.00
- When a bill is clean, it limits our defense and generally takes litigation off the table.
- Large medical debts we can almost always settle favorably either below principal or reasonable payment plan.
- You would have settlement, bankruptcy, and other options only (no litigation). You should likely retain us or reach out to discuss your options.
- If no counter claim or defense and below $5,000.00, do you have other unsecured debts exceeding $20k?
- Even if the debt is small, if you have other debt issues we may be able to help with an overall solution
- If you are open to a bankruptcy option, we could help. Otherwise if you are dealing with only a single, below $5k debt, it is just not cost effective to retain us.
- If 1, 2, or 3 don’t apply, you likely should not retain us
- If you are in a decent financial shape, are just dealing with one small debt, and the medical provider and collectors have run a clean case, we do not recommend our services. Smaller debts without leverage usually do not settle with big discounts. Your best bet is a payment plan and request for removal of negative tradelines. Take the money you would otherwise pay us and put it to your settlement.
- Also consider charity care to discharge or for a reasonable payment plan.
HOW WE DEFEND YOU
We use a four part analysis of litigation options (counter-claims, affirmative defenses, and procedural defenses), settlement options, bankruptcy options (if the debt is large enough), and other out of court options (very broad category) to find the best method to resolve the debt. You choose which methods you like and we get to work.
COMMON LITIGATION DEFENSES
- Balance billing (RCW 48.49 et. seq.)
- Charity care (to include requesting it and when creditors don’t honor discount)
- Double billing by medical provider
- FDCPA, FCRA, RCW 19.16 counter claims
- Fraud or error in calculating proper interest by the medical provider or collection agency
- Identity theft
- Improper party (such as an ex spouse’s post divorce debt)
- Improper service of process (see our Improper Service Defense Page)
- Statute of limitations (generally 6 years in WA, see RCW 4.16.040)
- The insurer improperly denied coverage
- The medical provider did not properly or timely bill insurance (wrong code, waited too long)
REMINDERS
- Charity Care– If your medical services were rendered at a public hospital, you may be eligible for charity care. This can reduce or waive your medical bills. You have an ongoing right to apply, even if you are in collections or have been garnished. Click the link if you wish to learn more.
- Notice of Appearance– If you have been sued you have 20 days to answer. Be sure to submit a notice of appearance timely, even if you have already been scheduled and are just waiting to talk to us. Instructions and form in the link.
SCHEDULING
Cut and paste the form below into an email, pdf, or word document and send to us. For a response within 24-72 hours, email to info@wadebtlaw.com. If you need a faster response, call in directly at 206-535-2559 to speak with one of our staff.