A community of 30,000 US Transcriptionist serving Medical Transcription Industry

proof of work for small claims court? - busybee

Posted: Apr 08, 2010

So hoping it doesn't come to this, but I'm thinking I may need to take someone to small claims court. Would my invoices work? Logs? Or do I need the actual reports and if so how does HIPAA play into that?

Any advice?

many thanks

busybee

I would... - justme

[ In Reply To ..]
take invoices and logs. I'm sure logs are sufficient. You can't show the actual report b/c of privacy laws. Most of us don't have the actual reports anyway...they send directly to client and don't store on our computers. Good luck.

Reports not necessary Invoices, emails - .

[ In Reply To ..]
You can google.com "procedure on small claims" Full set of instructions. They give you form number and you can print them out, fill it in. I think 2 or 3 forms. They start with SC plus number SC superior court. Go to telephone book and look up superior court address and phone. Call them just to check if can mail in. I was, I live in California.

In my state, I could handle by mail. So printed out forms, filled in, mailed in, they mail back a date for court, cost me $39 to file, so enclosed check back.

You need to have made 3 requests (notification) for payment (keep records emails, print out)

Yoy then need to notify them (MT company) of the court date I think 10 days ahead and have them served with this notice. If in the area, a friend can do it. If not, google process servers in that state.

Just keep your paperwork that they owe you, burden of proof is on you. No proof, prob would not prevail in court.

It just may not come to the court. Notify the MT company with your 3 notices (past attempts count) of your intentions if you cannot get paid, ie., hope be can settle this without court sort of thing.

I would also notify your state labor board (google.com your state plus labor board) They may ?? make contact with them and they will pay up.. This has been happening way tooooo often to MTs. I keep reading of this on this board, way too often over a span of time. Sad.

I have done this process, not for payroll though. It seems scary, but it is simple looking back. I just was not at all familiar and it scared me.

thanks...sm - busybee

[ In Reply To ..]
Many thanks. I don't think the state labor board will help being as I'm an independent contractor.

Not only that, but ----- (see msg) - No3cpl4Me

[ In Reply To ..]
if your court date is a long ways from your MTSO's office, chances are slim that anyone from there will even show up. Especially if you're suing for a relatively small amount. ($100's to $1000's). If they don't show up, and you do, I believe you win by default.

HIPAA & Labor Board - Worth a try

[ In Reply To ..]
Do not provide anything that contains any information that alone OR IN COMBINATION WITH OTHER INFORMATION may serve to identify a patient. We sometimes think it's only the patient's name, but the facility name and patient number (even if not the SSN)can ID the patient, as can the dates of admission and diagnosis, or even the date/time of an appointment.

If your log contains names, patient numbers, etc., you would need to redact that information before turning them in. You cannot just mark them out with a Sharpie, but have to completely mark them out and then photocopy that page, since you can still read even through a thick marker line.

Contacting the labor board might be an excellent option! Don't think that you shouldn't because you think you are an IC. It doesn't really matter what you think, or the MTSO thinks, or what paperwork you signed. A lot of states don't really like the IC concept and think you are really an under-the-table employee. They won't come down on YOU, but on the MTSO or whomever stiffed you. You might make some money off of that, or at least have the satisfaction of costing them more than they gypped you.

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