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1. Q: Our company is owed $12,000.00 since early last year, and we have given up our internal collection efforts. I am reluctant to expend more money ("throw good money after bad") to pursue this matter. How much will you charge to represent our company?
A: The firm routinely handles these cases on a contingency fee basis (NO RECOVERY, NO FEE). We charge no attorney's fee unless we are successful in our collection efforts. The extent of your exposure would be court costs, which include filing fees and service of process.
2. Q: Our facility treated a patient with serious complications from a CVA (cerebrovascular accident). The charges incurred were in excess of $250,000.00. The patient's managed care organization, with which we are not contracted, paid a minimal portion of the debt, in fact less than Medicaid would have paid for this admission. The patient's HMO claims that his insurance card provides the terms of reimbursement, and that we are bound by this card since we accepted and treated the patient. This seems unfair. We had to treat the patient, who presented in our emergency room. What are our options? Do we have to accept this sum?
A: The Florida HMO Act requires that HMOs pay non-contracted providers the lesser of the hospital's billed charge, the reasonable and customary rate, or a rate agreed upon by the provider and the HMO for services rendered to their subscribers. For many years, Florida Courts have struggled with the question whether the Act provides for judicial remedy of improper payments. Recent holdings support our position that the HMO Act is enforceable in state court. With these newer developments in mind, HMOs will undoubtedly adjust their non-contracted provider reimbursement policies, but only to the extent that providers affirmatively seek judicial enforcement of the Act. This firm understands the vital role your facility fills as a provider of emergency care to South Florida residents and visitors, and we therefore value the opportunity to ensure payment to you for your services in the manner intended by the Florida legislature. We handle suits against managed care organizations for violation of their statutory duties on a regular basis. If your facility has been underpaid by an HMO with which you have no contract, we would be happy to negotiate the issue with the HMO, and to file suit if necessary.
3. Q: Do I have to file suit on cases referred to your firm for collection?
A. No. The firm maintains a pre-litigation department which will evaluate your claim, contact the responsible debtor, and exhaust all available remedies before initiating a lawsuit. The great majority of claims are resolved without litigation. In fact, we seek to resolve payment disputes at the earliest possible stages. Because we provide legal representation on a contingency fee basis, it behooves us to secure payment expeditiously. Our comprehensive investigation of the debtor may reveal that litigation would not be successful or that the debtor is bankrupt or lacks the financial resources to satisfy the debt.
4. Q: Our company operates out of New Jersey. We lease computer equipment to businesses around the nation. One of our customers in Florida has defaulted on the payments due for the last 6 months. Calls to their home office reveal that their business is in the process of shutting down. If the customer's business is going under, is it too late to sue for the money we are owed?
A. Florida law allows you to sue for immediate recovery of the leased property in addition to money damages. The policy of this office is to protect the rights of our clients under their leases to the fullest extent. If it is determined by the client or by our own pre-suit screening department that there exists a danger that the property has been moved and/or that the business is on the verge of closing its doors, we will sue immediately, and in certain instances file a pre-judgment writ of replevin, to recover both the property and the monies due under the lease.
5. Q: Our hospital filed and perfected its lien soon after the patient was discharged from our facility. The attorney representing the patient in her personal injury case does not return our calls. The patient no longer resides in the United States and we understand her case was settled. What options do we have available now? Are we out our money?
A: If your facility is protected by a lien ordinance or statute, you may have the ability to pursue the individual attorney and his firm for payment of the bill on a theory of lien impairment. Hospital lien ordinances vary in their language depending on the jurisdiction, but generally they impart liability on anyone who settles the case and disperses funds without satisfying the hospital debt, including the attorney.
6. Q: My business shipped a large quantity of marble to a tile manufacturer upon an order placed over the telephone. Our office invoiced the material, but the manufacturer refuses to pay. There is no written agreement for the sale and purchase of our product. What should I do?
A. Florida law does not preclude recovery under these facts. The drafters of the Uniform Commercial Code envision agreements formed in more conventional ways than traditional writings. This firm sues for payment in the absence of a written agreement on a regular basis, to the degree that we feel comfortable proceeding with litigation not founded on a written instrument. Nevertheless, we advise our clients that it is always a good idea for them to memorialize their deals, in order to maximize their protections. Many of our clients heed this advice and, subsequent to the litigation, employ us to draft an agreement for them that will minimize their losses. The firm is well equipped to assist our clients in that respect as well as with respect to the collection litigation itself.
7. Q. My attorneys secured a judgment in a California court against a California corporation and an individual guarantor of that corporation who lives in Florida. Their attempts to collect the judgment from the California corporation have proven fruitless. We have learned that the guarantor owns several properties in the state of Florida, and we would like to enforce the California judgment against the Florida property. Our attorneys do not know any Florida attorneys practicing in this area. What should I do?
A. This office has many years experience with the domestication of foreign judgments. We handle many of these cases on referral from the foreign attorneys, and we handle many on direct consultation with the client. If you are in need of someone to enforce your out of state judgment in Florida, contact, or have your attorney contact this office. We are able to handle these cases under different fee schedules, and we can provide a free preliminary evaluation of your case in order to discuss in advance the likelihood of recovery, which will help us decide together what sort of fee arrangement would work best for you.
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