Sunday, November 22, 2009

The Legal System

I lived for over 55 years without having to deal with the courts. Except for my divorce from Doug, which cost us about $750 and we used the same lawyer and wrote our own agreement (I know, if we got along that well why did we divorce - another blog story), and fighting a traffic ticket which I won, I stayed pretty clear. But either my luck has changed or I got tired of getting pushed around, because I have filed my second small claims case and am also involved in suing people over a business contract.

My first small claims case was a bust. I wimped out. I used to do free lance graphic design work and my clients didn't pay me for some work. I filed the claim, and believe me, it is a hassle. I showed up for mediation. They brought their 6 year old. So, how tough could I be in front of a child? Was I going to say negatives about his parents? The case was set for a hearing. I was so upset that my eight year relationship with them had gotten to that point that I wrote them a letter - couldn't we please just settle on an amount and end the strife? They wrote back that they felt upset also and yes we could. We agreedon an amount. I dropped the case. They asked for a little more time to pay as times were tough. Guess what; it has been over two years and I never got paid. Suck-er!

The second case involve Harry and I and a couple that we met in the Keys. The husband bought Harry's plane and Harry spent a great deal of time helping him learn to fly it. They became friends. They wanted to purchase a hotel. Harry found them one in foreclosure, got the financing for them based on his track record and in exchange, they were to give us 5% ownership and since the property was near our home, we would supervise it. We worked like crazy getting the property running and switching management. I did their website, all documents, trained staff, and provided the couple with all of our vendors and our expertise. When I finally got to the lawyers office to sign the contract, it was a joke. They were going to pay me a management fee and I could be terminated at any time. No 5% as offered. We essentially set them up in business and then got dumped. I should have known when a few days earlier the wife changed all passwords on web hosting and locked me out from any access to any files that I had created for the business. I was furious. We worked hours and hours for this couple and the wife, who I had to deal with, was the most impossibly difficult woman I have ever met. She had staff quitting left and right and I had to pick up the pieces and sooth all egos. She was a control freak who changed her mind daily. I was beside myself after every phone call. The last straw for me was when I saw on their web site recently that she had even ordered our identical furniture - something I had found through research and working with a designer. I really never knew from first hand experience that in business, there are some horrible, cut-throat people but I got my lesson first hand. Our law suit has taken over a year so far, and in January, I will be deposed. This time, I won't wimp out.

Lastly, is my small claims case against a local hospital. I think I am just tired of being ripped off. I was scheduled for my yearly physical and every year, I have to have blood drawn to have my thyroid levels checked. In the past, the blood was drawn in the doctor's office and my insurance paid for the lab work. This time I had to go to the hospital as the office no longer drew blood. I went to the hospital and they couldn't find the paperwork. I went a second time and did the normal check-in process with admissions. Gave them my info and my insurance card. Had the work done. Then, I got the bill. Almost $1200 for the routine lab work. I hit the roof. My insurance carrier was not accepted by the hospital. Wait a minute. It is a sister hospital to the one where Sam had his tonsils out last year and they accepted our insurance. Dummy me for assuming that hospitals under the same umbrella ownership would bill the same. I wrote a letter to the hospital. No answer. I wrote a second letter. No answer. I called the billing dept. They told me that even employees do not get their blood drawn there - they have to go to a local lab. But that clerk could not direct me to a "higher up" to discuss the bill. Then I got the notice from a collection agency. So, I decided that if I cannot get their attention any other way, I will go to court. I filed the claim. It is a huge hassle. I had to find a process server to deliver the papers to their corporate office. I have a date scheduled. I am going to fight this and even if I lose and end up paying $500 more in court costs, at least I get to have my say because how hard was it for a clerk to tell me "we do not accept your insurance" and give me the option to find a facility that does. Informed consent? Bullshit.

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