For the past week an unknown vehicle has pulled into my driveway. Rings the bell, then sits there for a few minutes; sometimes up to ten. Several times each day.
Finally I could not stand it anymore, so with my alarm system active and mobile in hand I asked through closed door, "who are you and what do you want?"
Well, he was process server, and I am being sued by the case manager. According to her, there is a balance due. Some of the charges are beyond- 3.5 hours visit to an ALF? We met there, even if she included drive time it may have been an extra 10 min. Every phone call, every email, billed to an hour rounded?
My questions- I accepted the service of suit- was that the right thing to do? I just wanted him to stop coming here, sometimes 4x per day.
The documents are invoices, totals only, there is no way she and I spent that time at any facility. The **** of this is that I liked and trusted her.
I pay my bills and consider myself an honorable person. Part of this is that I feel personally betrayed.
Was I so blindsided by what was going on with my husband that I was just not thinking straight when I signed a contract with her that was basically "do whatever"; I consent?! Was my thinking that impaired? Do I have any recourse?
I'm not a hater. I liked her. What is the matter with me?
I would document...document..document. I would seek a legal opinion though an attorney. There are lawyers who will provide a free consultation. Best of luck! .
Abby, the process server's technique is lousy, but he delivered the papers to you. There is really not a way to avoid that at some point. I have some questions for you to look for, consider, etc. There should be documents telling you the basics of the suit--What for, how much, what Court, when. Next look over the documents. more thoroughly and match them to your records where ever possible. Look for itemized statements or invoices, Also, determine if any were sent or given to you before this. All this will help you provide a response/countersuit. From what you indicated, your contract was rather loosely set up, but even so, bills should indicate the services rendered for the bllled amount. Depending on whether this a Small Claims matter, or bigger, you may want a lawyer to help. You have options on not contesting; contesting; or counter suing.
I'm betting you have more records than you think. Example--when did you visit the ALF? What else was on your calendar that day. Any statements/invoices sowing only a date and dollar amount should be set aside to be addressed separately because you don't know what they are for. Also, look for duplications.
This is a pain in the neck, but you can handle It.
Lulliebird is right on about documenting. Check your old records; document everything related to the case presently and in the future.
Abby*, what a pain in the a**....so sorry you have to deal with this too since the health insurance was such a horrible experience. But you are strong and experienced now and will handle this properly. Unfortunately this will not go away by itself and you know you have to dig up all those statements, bills, whatever and work your way through this nightmare too.
Carosi's and lullie's advice is good...I always default to having an attorney help me through these types of issues because I think just having an attorney make calls, etc. puts them on notice that they can't intimidate you. I'm sure you know this but until you get all your records together so you know what you actually owe, do NOT agree to make any payments, not even one because that will obligate you to pay the whole bill (which you may not owe). When I refused to pay a portion of the psych hospital bill, they turned it over to a collection agency while I was disputing the bill with the hospital. The law firm kept calling, asking me to pay something, anything on the bill while I was still in talks with the hospital. I told them that I had intention to pay the bill but not until the hospital and I agreed upon the adjusted amount. Thankfully I never paid a dime to the collection firm...the hospital wrote the bill off (actually they had already done that but gave it to the law firm to collect). My attorney said I did the right thing otherwise I would be obligated legally to pay the whole bill.
I don't understand about a case manager. Could you tell me more? Is she in business for herself or some organization? I have learned a lot from others here about what to ask and look for when searching for placement. I think I would have called the police about a strange man in my driveway. I have no experience with legal problems but wish for you strength in facing another challenge.
OKrose, I believe Abby* hired a geriatric care manager to help her with placement and care in a facility for her husband. If that's who she hired (I have hired one as well), they specialize in issues regarding the care and placement of the "elderly". For example when DH was involuntarily committed to a psych hospital, I hired the GCM to help me deal with the hospital psychiatrist, the care plan they put together, the meds they were recommending/administering. And to represent my husband's and my interests. I did this because I had no experience with mental illness facilities or dementia and she did. Typically they charge an hourly rate for their services, have connections in most facilities in the area so can often influence type of care the person receives and can help you find qualified professionals (elder law attorneys, financial consultants, geriatricians, clinical trials, etc) to help you and your spouse get the right type of advice and care. They are usually self employed and have nursing or social work background.
You have been served, you are now officially in the legal system. You have no alternative other than to seek the advice of an attorney. First and foremost read the agreement you signed when you hired the case worker. By the terms of the agreement they may very well be entitled to compensation, I doubt that your mental state will not prove to be much of a valid defense but I'm not a lawyer. You on the other hand are entitled to a detailed statement of how the invoices were arrived at, but they most likely will only respond to an attorney letter not to your request now that you've been served. Contract you local Alz. Association they may be able to direct you to an appropriate attorney, who will handle these cases pro bono. But whatever you do you must act in a timely fashion. There is a date on the papers you were served with. Your failure to submit a response, a reply, a denial of the debt or a demand for a detailed billing will result only in a default judgment for the plaintiff. You must take action or you lose, end of case. Get a lawyers opinion! ASAP
Thank you, OKrose for your good wishes. Yes, I hired the same type of person as LFL described. While most, in my experience, are not lawyers, they often have a background that includes social work, business, health care administration.....Those I interviewed had small offices, employing a few caseworkers.
lullie, it was the beginning of the documentation that sent me into the emotional place I was when I wrote the initial post. Mostly because it took me to archived mail. I had saved A LOT of email from my husband, even from "before". I felt like I was in a wind tunnel, and/or reliving so many memories. From the before emails: "did we really have that kind of life?" and then the pain as there it was, right in front of me, a timeline of his dementia.
Carol, LFL and Marty- thank you for your practical advice. I admit to owing her money. I have not seen her since late 2011. Early in 2012 I inquired to her by email about what I owed. Then, a few months later she came up with a total that was very inflated. Much like what LFL wrote above, I said that I was willing to pay, but not that amount. I know she knows that my husband died.
And that's where it is. I put a call into my lawyer but it was Friday afternoon by the time I had retrieved and printed what I have of the history. I will call the ALZ association- I would not have thought of that.
Regarding my mental state- our communication was mostly by email. This was mostly during what I call the "lost" year, 2011. My emails were mostly sane, I think, but they did reflect my state of mind. I was very needy and it comes across, to say the least. Not the way I want to or think of presenting myself.
While I didn't expect this to happen I am also pretty disappointed in my resilience. The papers were served Thursday evening and I am still pretty upset.
Abby*, you're strong and will get through this. Try and find the agreement you signed. She should have billed you monthly with an itemized list of the services she performed, length of time and rate. If you cannot locate these, then your attorney should request copies of all itemized bills. The GCM I hired itemizes her bills indicating the type of service (in-person, phone call, email), the issue she was dealing with on my behalf and where, length of time associated with issue, hourly rate and total amount for that service on a monthly basis. Abby* the GCM I hired charges for travel time to/from a facility, a meeting, whatever so some of the charges maybe associated with her travel. She charges 1/2 her hourly rate for travel but others I interviewed charged their full hourly rate for travel so that may account for a larger than expected bill.
If the Alz Asso cannot help you with recommending a pro-bone lawyer then perhaps if you contact your local bar association they can recommend one. Or since your attorney knows you situation he might reduce his fees. Just a thought.
It's my conclusion that it is difficult, to say the least, to find legal help at the end of August. (Which is almost over, thank goodness.)
My lawyer is MIA. This means she has not returned from her summer home on Vancouver Island, BC. Lucky gal. She will not see clients for at least a couple of weeks, which is past my date to reply to the summons. According to her office person this is not the "type of case" she would take on.
So, who else is out there the week before the Labor Day holiday? I need to put together a time line. And, I have been trying my best. Case manager is someone I hired for the last ten months of my husband's life. Of course, I did not know it would be the last ten months, I just know that I needed help.
Going through the timeline has just about made me scream. Every time I come across a note about a meeting with her, or an email it just takes me back there. His age, his aggression, his history; all contributed to everything I felt so unable, well, let's just say I felt unable.
As it turned out, I found a placement for him without her help. Once he was accepted by hospice I was committed to finding another placement but there was not enough time. Yes, LFL, she apparently billed for every second she looked at an email and etc. Travel time? That is an excellent point and I need to look further at that.
I have a bar association referral but don't know if it will happen in time. A part of me just says to take the default and pay her, including interest and legal fees. Or, just ignore the summons- I don't know.
One thing I want to find out, if I can, is that aren't there procedures, like, she was not obligated to try to collect, instead just nothing for a year and a half and then a summons?
As Coco said in another thread, I need to just "smack myself upside the head". I thought it was over; maybe it will never be over.
Abby, you may want to contact your state's dept of consumer affairs to ask about process, timelines, etc. If that dept can't help you they should be able to direct you to the appropriate agency, possibly the Attorney General's office. I would think she would at least be required to make some effort to collect before having a summons issued. What does the contract you signed say about payments and collection-anything? I did a quick (non-scientific search) and found an interesting website that might help - www.bills.com/served-summons-and-complaint/. It appears that if you do not respond to the summons the case manager can go to court and get a judgment against you and can attach your pay or have a lien against your property. I think it's in your best interest to speak to an attorney before the court date and try to settle this debt out of court. Let the attorney know you have a limited timeline (give the court date) so they will at least try to reschedule the date to give you both more time.
Besides the travel fees and expenses, also check to see if she would receive additional compensation for finding a facility for your husband. One GCM I hired specifically to find a facility for my husband, was not successful in finding a facility in which I could put Rich. She charged me $800.00 and I refused to make payment because she did not find a facility for me to place him in.
Good luck with this...I know it's one more painful thing you have to go through. My thoughts are with you. Contact me if I can help in any way.
abby* so very sorry for your struggles. Oh it is so hard. I was thinking of you last night, your sweet and kind ways, your integrity, and it just sucks that you have to have such a hard time. Thanks to LFL for all the good advice. I think it is the best.
I am there with you in spirit abby*, me , and Mr. Turtle too, the harbringer of things beyond our human understanding, nature, the best way to escape this crazy world. Like when you are in the middle of a mad flurry of stress, and suddenly a hummingbird flies beside you, a sunset is beyond gorgeous, the scent of flowers in the air. How I wish you happiness and freedom from your suffering. I will pray for you all day today.
Thank you so much for your advice, which was excellent, as always! I went to that website and it kind of invigorated me. From there I went to so many links, and as you recommended also searched out some state specific resources. I almost wish tomorrow was not a holiday. Yes, she billed for travel time. I'm percolating some strategies and prioritizing the resources. You are totally right and I will not let a default judgment happen out of my own laziness and procrastination.
Coco,
Your kindness and emotional generosity always amaze me. But they don't surprise me because your goodness always shines through. I do almost all of my posting from my desktop. I set it up so that my desk faces a floor to ceiling window. I hung bird feeders and oriole and hummingbird nectar feeders. I just replenished the thistle seed and this afternoon had as many as two dozen tiny, tiny goldfinches doing their "dances". My cats love it too, they are indoor only, so sometimes I have one on the desk and two at my feet enjoying the birds. Thank you for reminding me what gifts these moments are.
Sweet Abby* I am so sorry for this latest hassle! So tragic that you have to keep fighting when you should be able to use this time to heal. I have no experience with any of this so I can't offer any advice, but you have my support and ((extra hugs)) LFL is a smart cookie, I am glad she was able to help you. I am glad you found your fight! I will be thinking of you ♥
Abby*, please keep us posted with your progress on this issue. If you prefer you can contact me directly. I do think it is a situation we can all learn from considering the costs associated with dementia. It might be one of us soon.