Hospital Bill = Lien on house?

[zhenshanren]

My friend was in a bad car wreck and was in a coma. A couple months later he was out and back home recovering from all the nasty drugs they pumped him with.

A lawyer was given temporary control over my friend's bills and supposedly has been paying them.

My friend told me today that "they" want to put a lien on his house.

My friend hasn't gone into much detail but I will get more info as time goes on.

I haven't seen or read anything about hospital bills and wonder if anyone has pertinent information regarding any legal rememdy inregards to getting a $250,000 bill after being brought to the hospital unconcious.

Sorry I don't have any more info than that at this time, but I wanted to make a post early in case anyone can help with information that would help this guy out. I will post the specifics as they become know to me.

Thanks a lot!

[the worm that turned]

My friend was in a bad car wreck and was in a coma. A couple months later he was out and back home recovering from all the nasty drugs they pumped him with.

A lawyer was given temporary control over my friend's bills and supposedly has been paying them.

My friend told me today that "they" want to put a lien on his house.

My friend hasn't gone into much detail but I will get more info as time goes on.

I haven't seen or read anything about hospital bills and wonder if anyone has pertinent information regarding any legal rememdy inregards to getting a $250,000 bill after being brought to the hospital unconcious.

Sorry I don't have any more info than that at this time, but I wanted to make a post early in case anyone can help with information that would help this guy out. I will post the specifics as they become know to me.

Thanks a lot!

Does he have a mortgage on his house? If so, surely the bank will have first charge (a lien) on his house. My mortgage documents (currently being investigated thoroughly) mention that I am not allowed to put a further lien on it.

I hope things work out for him and others have some valuable comments to make

[rosix]

he should look into setting off the debt

[burnttoast]

Does he have a mortgage on his house? If so, surely the bank will have first charge (a lien) on his house. My mortgage documents (currently being investigated thoroughly) mention that I am not allowed to put a further lien on it.

I hope things work out for him and others have some valuable comments to make

Actually....the property possessor has more than enough interest to file a lien....more so if dealing with am unscrupulous bank (but really are there any other type?):)

Peace

[zhenshanren]

He does not have a mortgage and paid cash for the house 25 years ago.

The funny thing to me is that he says they want to put a lien on the house but he has been making the payments...I'll have to make sure that is correct.

Again, I'm sorry I don't have more info at this point but I should by tomorrow night.

[deem]

For now tell him not to sign anything. If he was unconscous, how could he consent to contract with them while in a coma?

[zhenshanren]

That's exactly what I told him as well.
I also said to get your power of attorney back first, then to stop paying while you "figure out what is going on!" Then stay in communication(honor) while we figure out what is going on.

[free2beme]

did he get any notices?

write them a few notices.

ask them how they knew the house was his house.

notice them and charge them $500,000 for reading every letter or notice they send.

[deem]

Yeh this is madness, it's like; you could be walking down the road, get mugged by some thugs, beaten into a coma and wake up with lawyers demanding your house for the hospital treatment, the second mugging being a damn sight worse than the first. What a bunch of vampires.

[zhenshanren]

OK, he was given two sets of notices from what I gather. He took them to the lawyer who told him that they are putting a lien on the house.

I wont be able to get to see the notices until Saterday or so but will promptly post them when I can.

Will UPDATE thread at that time.

[zhenshanren]

OK, here is the preliminary information. I will be trying to copy and scan the documents as there are a lot... I'll give a brief explaination below until I figure out how to get the scans uploaded.

SUMMONS dated June 2- to state marshal giving athority of state to serve notice.

HEARING ORDER June 1 - to be held on June 29, 09

APPLICATION FOR PREJUDGEMENT REMEDY May 22nd 09

EXIBIT B AFFIDAVIT IN SUPPORT OF P.J.R.APPLICATION

Also included was an UNSIGNED COMPLAINT FORM

EXIBIT C HOSPITAL BILL...NO ITEMIZATION, TOTAL BILL $251,607.06 After adjustments from $314,000

ORDER FOR PREJUDGMENT REMEDY- "WHEREAS, after due hearing at which the Defendant made default of apprearance, it is found that a copy of the order for the hearing was duly served on the dDefendant, as appears from the officer's return on file[?] and it is also found that the Planiff has shown probable cause that such judgment will be rendered in the matter in the Plantiff's favor in the amount of the pre-judgment remedy sought, taking into account any defences, counterclaims or set-offs claims of exemption and claims of adequate insurance, and finds that a prejudgment remedy securing the judgment should be granted." Then it claims his property.



SUMMONS Dated July 2, 09..."you are hearby commanded to attach to the value of not more thatn TWO THOUSAND AND 00/100 ($252,200.00) SUFFICIENT PROPERTY TO SECURE SUCH SUM, being any and all right, title and interest the Defendant, XXXXXXX..."(Capital letter first, small case) rest)..."


So, I was actually at my friends house when he found the two letters(notices) together. This was a couple weeks ago in late August. My friend swears that they wer not there in June or July.

The papers say that they gave notice and he went into Default(having not seen the notices) and now they have a pre-judgment remedy where they are going to take his home.

The notices were delivered to his residence that they are trying to aquire. The hospital bill has his address at his mothers house which is where he is staying now, since coming out of the hospital.

The ALL CAPS name and the Small Caps name are being used interchangelby in the documents.

I'm going to try and copy the papers, cover any personal information and scan them in an attempt to upload them here. Any help uploading such things would be appreciated. Not familiar with that on this board.

Bear in mind that this all started as a result of a very "sketchy" accident that ended up with my friend in a coma for 3 weeks, followed by some brutal PT(Physical therapy). I have yet to talk with his "lawyer" who is supposed to be paying his bills etc. that allowed him to get into this without even a warning or anything. :mad:

Please forgive my lack of clarity and facts up to date...This is something new to me and I'm trying to help my friend while in the midst of a very busy schedule.

Later~

PS How to I edit my original post to say UPDATED?

[the seeker]

Tell him to get another lawyer NOW.

[yozhik]

Does he have the ORIGINAL Hospital Bill?
Or a copy?

[zhenshanren]

The hospital bill that was attached to the notices was a copy. I'll have to ask about the original though.

The problem here is that my friends mother hired this "attorney" while he was unconcious. He has been paying bills, but I don't know why only some of them. My friend has so much on his plate including the physical /mental trama from the accident, so he is reluctant to see opportunity for change etc. Right now he feels helpless and depressed.

One thing this is showing me is that there is certainly an easy way to confiscate someones property. Simply stick your notice where the deffendant can't find it, them hit them with a PJR, get a couple signatures and whamo. You now are allowed to take there property. What a scam.

Do any of you know how I can get scans of the documents uploaded?

[yozhik]

He needsto get his hand on the ORIGINAL bill.
Then sign it and accept it for value.
If he accepts or signs the copy, he is committing/party to fraud.

[zhenshanren]

I told him to fire the lawyer he's got immediatly and get someone who knows something!!! What more can I say?

Having been studying this for only 4-5 months I'm not too well versed yet in FOTL procedures.

I was REALLY hoping there would be more interest in this since it appears to be EXACTLY what pages and pages of FOTL/knowing your legal remedy and rights are all written about. Does anyone want to hear/see more about this case?

Can a claim of right be used at this late stage to help secure his property from the "vampires"?

How about the non contractual agreement of him being put in the hospital against his (conciousness) will? Any more thoughts on that?

Anyone?

[tien an]

I told him to fire the lawyer he's got immediatly and get someone who knows something!!! What more can I say?

Having been studying this for only 4-5 months I'm not too well versed yet in FOTL procedures.

I was REALLY hoping there would be more interest in this since it appears to be EXACTLY what pages and pages of FOTL/knowing your legal remedy and rights are all written about. Does anyone want to hear/see more about this case?

Can a claim of right be used at this late stage to help secure his property from the "vampires"?

How about the non contractual agreement of him being put in the hospital against his (conciousness) will? *Any more thoughts on that?

Anyone?

Please don't castigate us for non-response, zhenshanren, unless I'm mistaken most of us on this forum are from the UK...we're as in the dark about US legislation as you (probably more). It would be irresponsible to suggest anything that was based on...nothing.

Look into Acceptance for Value, as yozhik suggested.
You may even like to write to your President, who gave a speech last night on exactly this subject, promising that Americans don't have to be scared of being ruined 'just because they fall ill'.

* I somehow doubt that this would be a reasonable path to follow: If your friend hadn't been cared-for in hospital, he may very well be dead.

Just because I haven't posted anything of consequence on this thread, it does not mean that I'm not interested.
In fact, your friend's plight troubles me quite a bit.
It couldn't happen in this country (we have a national-ised health service). I know that doesn't help, but we also don't have the experience of being obligated to have private health insurance, and as such don't have the experience of this problem.

I'm just speaking up for the UK members (who probably care too).

Get in contact with people more experienced than us.
Go to thinkfreeforums.org and send Robert : Menard a PM.
Tell him of your friend's plight.
Go to http://www.wssic.com/ and post a message for Winston Shrout.

These people are much, much more well-read on the subject and will no doubt have an answer for you.

Don't give up.
Don't get angry (yet).

Hau yuen.
Good luck.
Heavenly Peace.
tian an.

[zhenshanren]

Thank you a million tien an...

I figured that this case was a bit too complex to get much help here but I did think there would be more questions about it.

I really should be posting it on the other freeman forums but due to time constraints and current situations, I haven't as of yet. I think it is the best idea however and really should have gone straight there in hindsite.

The problem now is that my friend knows next to nothing regarding this "lawyers" payments of my friends bills. I couldn't even get an answer about his auto insurance coverage...The "lawyer" was supposed to be paying his bills and I've been informed that he didn't even pay my friends car and house taxes a while back. :confused:

I called his "lawyer" today and was told, " I don't have an obligation to speak to you." Basically I think the guy is totally currupt and evil or simply completely incompetant and ignorant. I think it's the prior however.

I spent an hour talking with other lawyers on the phone today and didn't get very far either due to the complexity of the case. *takes deep breath.....

I was REALLY hoping to scan these documents so that we could all observe them and learn from them while having them on site for future reference. It seems it's too complicated at this time however I may type out the pertinent pages if I have time in the next week or so.

While on topic, could anyone tell me why the top of the SUMMONS and other documents are using the ALL CAPS NAME while within the body of the document it has the Small Caps versions? I figured it would remain the same throughout since it is my understanding that they are two different legal entities.??

Anyway, I'm going to keep forging forward with this if not just for my own knowlege of such things as it has already greatly opened my eyes and fortified my understanding of what I've been reading thus far.

Thanks for reading all... and I'm not giving up or angry at the lack of response or whatever because I do realize this is beyond the typical "collection notice" etc. That's why I thought it be good for us all to observe chat about and study.

Anyway, I'll communicate more as time allows.

Peace and happiness.

Zhen