• Jared Hartman, Esq.
  • Posted on September 27, 2017

 

On September 18, 2017, Judge Frazier entered judgment against La Jolla Neurosurgical Associates in the amount of $19,040.00 as a result of their unlawful debt collection efforts. A copy of the judgment can be found by clicking HERE.

The case arose out of unlawful attempts by the medical provider to attempt to collect upon a medical debt that is not owed by the patient. California state laws regarding worker’s compensation mandate that no medical debt can be collected from the patient directly if the medical services were a result of an injury that is under the exclusive jurisdiction of the worker’s compensation board.

Unfortunately, La Jolla Neurosurgical Associates began attempting to collect the medical debt from the patient directly, in direct contravention of California’s mandatory laws. The patient’s worker’s compensation attorney even delivered a letter to them instructing them to cease any attempts to collect from the patient directly, and provided them clear instructions on how they could collect the debt through the worker’s compensation process.

However, they refused to abide by the clear instructions and persisted in their efforts to collect from the patient directly. In their collection letters, they used ominous language that clearly misrepresented the legal status of the debt by sternly warning the patient that he personally owed the debt.

By not only misrepresenting the legal status of the debt, but also by persisting in their efforts to contact the patient directly despite having been put on written notice that the patient is represented by an attorney, La Jolla Neurosurgical therefore violated several provisions of the California Rosenthal Fair Debt Collection Practices Act. A copy of the Complaint can be found by clicking HERE.

If you or a loved one are being subjected to debt collection efforts that you feel are unfair or unlawful, please do not hesitate to contact us for a free and confidential consultation to discuss your rights and whether you may have a case for formal litigation.

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