News

Indiana Collections: Small Claim Debt Collection by Corporations

The old saying is that an attorney who represents himself has a fool for a client. Similarly, there is risk for anyone who chooses to represent themselves in litigation. But, the general rule is that an individual is entitled to represent him or herself. And, with small claims where the stakes are lower and the…

Indiana Collections: Overview of the Collections Process (Part 2 – Collecting the Judgment)

In many collections cases, obtaining  a judgment is, unfortunately, only the beginning of the process. The judgment is essentially a judicial declaration that the debt is owed. With some limited exceptions, the debtor’s ability to challenge the fact of the debt has passed. As far as the court is concerned, the debtor owes the creditor…

SB 290-2014 Proposed Changes for Collection of Medical Debts in Indiana

Senators Tallian and Steele have introduced SB 290 which would alter the procedures and rights for creditors seeking to collect medical medical debts. Specifically, it purports to address “medical collection cases” which are defined as an action to collect a debt based on the provision of medical care, durable medical equipment, or a prescription.  If…

Indiana Collections: Overview of the Collections Process (Part 1 – From finding an attorney to obtaining judgment)

With a typical case – and, fair warning, most cases end up being atypical in one way or another – the collection process will look a lot like this: 1. You will find an attorney to represent you. Typically, you will want an attorney who does some volume of collections. Collections are often distinguished by…

Indiana Collections: Before You Have a Problem

The best way to maximize your return on the goods and services you provide is if you do not have to involve a lawyer. I am proud of my profession generally, and I certainly believe that our firm provides excellent value to our clients; but the fact remains that the legal process is not a…

Indiana Collections – Introduction

At Hoffman, Luhman & Masson, one of our main areas of practice is collections work. As a legal matter, “collections” is almost always a breach of contract action. Typically, but not always, what makes a breach of contract action a “collections” case has to do with difficulties in locating assets to pay for the debt…

No Attorney Lien for Action Against Insurer To Pay Hospital Bill

Today, the Indiana Court of Appeals decided the case of Wilson v. Sisters of St. Francis (pdf). At issue was whether an attorney could be paid from a health insurance payment to a hospital for medical expenses incurred by the attorneys’ client. The patient went to the hospital for emergency cancer treatment. The patient’s insurer…

Court of Appeals on Methods of Proof for Value of Medical Services

The Indiana Court of Appeals issued the opinion of Jackson v. Trancik  on July 20, 2011, involving proper methods of proof for the amount due to a medical provider for medical services. The background was a doctor who provided medical services, billed the patient’s insurer, got partial payment from the insurer, got a $20 co-pay…