[1cann45]

My husband was on a Sleep Apnea machine in 2005. He has insurance with BC-BS and I had insurance with Cigna. After doing a sleep test the doctor decided that the machine was necessary for him. We paid a five hundred deductible to his insurance company before they brought the machine to our house. The representative for the machine explained how to use the machine and had my husband sign the contract that reads Sales & Rental agreement. However, basically in the rest of the contract it says the renter this or the renter that. It was not fully explained to us that we were renting and not buying. The representative never said he would have monthly payments of anything, we never received a bill, and he never made a payment. My husband had papers served to him by an officer stating that he had to go to court for not returning rental property. So he went to the company to return the property and talk to person in charge of the account. He was told that they tried to contact him my phone using our old phone number (which had been changed). They also said that they sent certified papers in the mail but she had no record of it and if they it's questionable (we have had different relatives living with us). So they gave him a receipt and told him that the charges were dropped. However, when he went to court they asked him if he was guilty or not guilty (and never being in court) he said not guilty and had to stand in front of a judge, which really made him nervous. Then he said he didn't need a lawyer because ( I don't know) and he was told that there is a chance of him receiving up to 60 days in jail. Although he had the receipt in his hand they did not look at it because before he went into court they asked if he was guilty or not. My husband has a perfect record and he doesn't want his put on it. How should he handle the situation?
Thanks
A concerned wife

[CaptainForest]

Contact a lawyer.

This has evolved from just a civil action to a CRIMINAL one. Get a lawyer immediately.

Make sure you have all your paperwork in order and keep explaining that THEY NEVER CONTACTED you.

[excon]

Hello 1cann:

I absolutely agree about his need to get a lawyer. Where I disagree with my compadre is in the explaining part. I think he absolutely should explain to his lawyer, but I do not think he should talk to the cops or the prosecutor. At this point, he needs his lawyer to do the explaining to them.

I know, you think it will do him some good. However, look at who is doing the questioning, and what their motivation is. Do not be fooled into thinking that a cop or a prosecutor wants to help him. What they want is a conviction, and when they listen to him, they won't be listening for reasons to let him go. They'll be listening for reasons to screw him. And, if your husband talks long enough to them, they’ll find those reasons. Do not also fall into the trap of thinking that if he doesn’t talk to the cops, then it makes him appear even more guilty. Just remember this. The cops already think he is guilty or they wouldn't have pressed charges against him.

Take it from one who knows.

excon

[Fr_Chuck]

I am sorry you had this trouble, This type of equipment is always rental, there is current laws in Congress that may effect it but at this time it is still rental.

What happens, is your doctor prescribes it, and the licenced O2 therapist within a medical supply company fills the order. Unless you ask they do not verify insurance at that time, merely file the insurance.

If your insurance has a deductable, it would have to be paid prior to your insurance company paying any rental toward the machine.

What has happened is most likely your insurance company refused to pay ( you should have gotten several letters from them also ( explamation of benefit pages showing that they were not paying and what you would be responsible for) I am not sure about yours but they will rent from 200 to 400 a month normally. If your insurance refused to pay, you needed to appeal their decision with them at that time. This could be because of the plan of insurance you have, the doctor was not a specialist in that field, or they did not get pre-aproval from the insurance company being ording the test and the equipment.

So if they refused to pay, you would owe the full rental for all the months you have the equipment.

If they paid 80 percent you would owe the balance each month. If you did not pay the balance, the medical supply company would ask for their equipment back. Most are restricted in not driving to your home unless they have an appointment in many states.

So when you did not pay either the monthly rental or the monthly deductable about, and did not answer their phone and/or return any mail they may have sent, they have little choice but to file suit.

You need to get the manager from the medical supply place to get in the car with you or meet you at the court house and be with him while he drops the charges. Then it is over.

If not hire an attorney, many a mix up will end a person up in jail.
If you have people doing away with your mail, fix that fast, since you will be getting cout papers and the such from this also .