Taking/threatening an illegal action

Posted on Posted in Complaints, Debt collection

review

XXXX XXXX XXXX in XXXX Missouri has a permission to treat and permission to bill insurance company documentation they ask you to sign each time you incur services. The persons that have you sign the documentation orally state ” This is your consent to treatment for what we are doing for you today, and a consent to bill your insurance if you have active insurance ” and then ask you to date and sign. What they DO NOT disclose is you are signing an agreement to change of venue to XXXX County Missouri if your account goes into arrears. In Missouri you have to be sued in the county of your residence, not the county where the services occurred. This is a cost savings measure for XXXX that causes increased cost for the consumers being sued I believe as a stratagem to bypass truth in lending rules and their obligation to orally inform the recipient what exactly they are signing. Since I know that healthcare entities are treated as consumer loan agencies by the Red Flag Warning Laws, I suspect they are also then mandated to follow truth in lending laws. This company has gotten into trouble many times in the past with unscrupulous collection practices, and I believe closed their internal collection agency due to legal complaints. I have also been sued by them for dollars they should have collected from a contracted insurance company and by that contract if they through their own neglect did not submit the claim must adjust it off but have no resources to battle them. They are a very high volume healthcare company with extremely aggressive collection lawyers, Lowther and Johnson of XXXX Missouri whom I have had great difficulty working with, as they do not follow through and illegally garnisheed my bank account AFTER coming to a payment agreement with me. When I tried to renegotiate the payment due to loss of wages due to illness ( I am self employeed and work as a consultant under contract ) they then are trying to garnishee my contract wages instead. I was told by Lowther and Johnson that I could NOT directly contact Cox Health about their garnishment action and they would not do anything until the garnishement runs out unless I could pay the debt in full ( Part of which is the ER visit they never billed to my insurer ). If the change of venue is not legally binding XXXX XXXX and their collection Lawyers Lowther and Johnson might loosen up and rethink their aggressive stance. Thank you!

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