Patients Challenge Illegal Debt Collection Practices
Working with families, in 2021 the New Mexico Center on Law and Poverty advocated to secure groundbreaking legislation that prohibits healthcare providers from suing low-income patients or selling their medical debt. Still, some hospitals have continued to file unlawful debt collection lawsuits against patients. For example, Ruby Ramirez, a mother of two children living in Las Cruces, NM, had to obtain emergency medical care during her pregnancy. A year later, she was illegally sued by Mountain View Regional Medical Center for over $6,000, in violation of the NM Patients' Debt Collection Protection Act.
Ruby wanted to provide a voice for her community and inform people about their rights. “I didn’t know there was a law protecting me. I’m really upset that they put me through this,” she reflects. Ruby has joined with NMCLP to file a class action lawsuit against Mountain View challenging these unlawful debt collections. NMCLP and co-counsel Treinen Law Office are representing Ruby and similar patients in this case, which aims to ensure that New Mexicans can access healthcare services without fear of legal reprisal.
Working with families, in 2021 the New Mexico Center on Law and Poverty advocated to secure groundbreaking legislation that prohibits healthcare providers from suing low-income patients or selling their medical debt. Still, some hospitals have continued to file unlawful debt collection lawsuits against patients. For example, Ruby Ramirez, a mother of two children living in Las Cruces, NM, had to obtain emergency medical care during her pregnancy. A year later, she was illegally sued by Mountain View Regional Medical Center for over $6,000, in violation of the NM Patients' Debt Collection Protection Act.
Ruby wanted to provide a voice for her community and inform people about their rights. “I didn’t know there was a law protecting me. I’m really upset that they put me through this,” she reflects. Ruby has joined with NMCLP to file a class action lawsuit against Mountain View challenging these unlawful debt collections. NMCLP and co-counsel Treinen Law Office are representing Ruby and similar patients in this case, which aims to ensure that New Mexicans can access healthcare services without fear of legal reprisal.
Assisting with Unemployment Benefits
Mr. Yohanna Gerges applied for Unemployment after the pandemic caused his Uber and Lyft driving business to shut down. He was approved for unemployment, but because of a mistake made by the state labor department, he was determined to have been “overpaid” $13,900 in unemployment benefits. He was immediately cut off from receiving unemployment and the state began recouping his ongoing benefits before he could even appeal the decision. After the state exhausted his ongoing benefits, they found that he still owed over $10,000 and would be sent to collections. New Mexico Center on Law and Poverty advocated for the state to adopt a federal option to waive overpayments caused by the state agency and represented Mr. Gerges to seek a waiver of his overpayment. As a result, Mr. Gerges will not be responsible for the illegal debt. Mr. Gerges and NMCLP attorney, Mr. Guevara, share their story in this video. .
Mr. Yohanna Gerges applied for Unemployment after the pandemic caused his Uber and Lyft driving business to shut down. He was approved for unemployment, but because of a mistake made by the state labor department, he was determined to have been “overpaid” $13,900 in unemployment benefits. He was immediately cut off from receiving unemployment and the state began recouping his ongoing benefits before he could even appeal the decision. After the state exhausted his ongoing benefits, they found that he still owed over $10,000 and would be sent to collections. New Mexico Center on Law and Poverty advocated for the state to adopt a federal option to waive overpayments caused by the state agency and represented Mr. Gerges to seek a waiver of his overpayment. As a result, Mr. Gerges will not be responsible for the illegal debt. Mr. Gerges and NMCLP attorney, Mr. Guevara, share their story in this video. .
Assisting with Debt Relief
When a disabled retired gentleman was sued by a telephone company after one of his relatives racked up nearly $1,000 in calls on his phone, DNA-People's Legal Services provided assistance. This man's situation is perhaps not so unusual. In many Native American cultures, all property is considered to belong to the community. For example, if one person in a family or neighborhood has a phone, everyone comes and uses it; there’s no reason to get one’s own phone if there’s another one available to use. In this case, the situation got out of hand. DNA negotiated a settlement with the phone company to reduce the debt by several hundred dollars and to allow the client to make monthly payments until the balance was paid off. DNA also successfully advocated for the judge to order $100 per month of the relative’s “per capita” payments from the tribe, to be paid to our client until paid in full.
When a disabled retired gentleman was sued by a telephone company after one of his relatives racked up nearly $1,000 in calls on his phone, DNA-People's Legal Services provided assistance. This man's situation is perhaps not so unusual. In many Native American cultures, all property is considered to belong to the community. For example, if one person in a family or neighborhood has a phone, everyone comes and uses it; there’s no reason to get one’s own phone if there’s another one available to use. In this case, the situation got out of hand. DNA negotiated a settlement with the phone company to reduce the debt by several hundred dollars and to allow the client to make monthly payments until the balance was paid off. DNA also successfully advocated for the judge to order $100 per month of the relative’s “per capita” payments from the tribe, to be paid to our client until paid in full.
Addressing Issues Preventing Employment
DNA-People's Legal Services represented a man living in poverty who was seeking employment. The man sought several positions, but he was routinely denied because a background check revealed a minor criminal charge in the 1970’s out of Arkansas. DNA learned that his charge had been ordered expunged by an Arkansas court; however, the Arkansas Crime Information Center sent the order to the F.B.I. with insufficient information. Therefore, the ordered expunged criminal charge remained on the man's record. After reviewing the documents and regulations regarding expunged crimes, DNA successfully worked with the FBI in correcting the issue. DNA's client found employment, and his background checks now come back clean.
DNA-People's Legal Services represented a man living in poverty who was seeking employment. The man sought several positions, but he was routinely denied because a background check revealed a minor criminal charge in the 1970’s out of Arkansas. DNA learned that his charge had been ordered expunged by an Arkansas court; however, the Arkansas Crime Information Center sent the order to the F.B.I. with insufficient information. Therefore, the ordered expunged criminal charge remained on the man's record. After reviewing the documents and regulations regarding expunged crimes, DNA successfully worked with the FBI in correcting the issue. DNA's client found employment, and his background checks now come back clean.