I haven't posted on here for awhile, and I've been away from the board for a few months. Too many other things going on in my life. However, my wife has a real mess on her hands and I need some help. A few months ago, she received a letter from a collection agency concerning some medical bills that she accrued before we had insurance, about $1,500 total. I was unaware of the letter until tonight, when she finally told me she is being sued by a different collection attorney for the bill. There is no court date, but she has to file a response to the suit in about a week. Apparently she tried to call the hospital to work out a payment arrangement a few months ago, but they put her on hold and then connected her to the collection attorney. The collection attorney told her the only arrangement they would make would be if she sent them post-dated checks for the amount. Luckily, she did not agree to that. I have also been told it is illegal in our state to request post-dated checks, and the collection attorney admitted this on the phone! I'm assuming that since a lawsuit has been filed, it's too late for her to request validation. She also pretty much admitted during the phone call to the collection attorney this debt is hers. However, she wants to avoid garnishment. What are our options? Need some help from the board veterens on this one. Thanks!
Need some help from the board veterens Buck ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
I'm not sure I catch your meaning. We're not trying to get out of the debt, we're trying to avoid judgement/garnishment. I think the CA's request for post-dated checks was not only unreasonable, but in my state, illegal. Does anybody have any CONSTRUCTIVE advice?
I would send a letter CMRRR to the CA Attorney handling your case make sure you put the CM # on your actual letter this will prevent problems if you go to court you can prove this is what was actually sent to the Attorneys office. and offer a settlement agreement or payment arrangment and explain your position in this matter. if this case has been filed in court has your wife been legally served ? usually when you are served you have a court date attached to the summons& complaint. may I ask what state you are in? there are state laws that you can refer to on a web site called findlaw.com it will give you state statutes & codes for each state . is the CA in the same state? other laws may apply here too. it is in the best interest for all parties to settle out of court as to not waste the courts time, if you settlement agreement is refused and they refuse to settle you can mention this to the judge. by going to court it costs them more $ and time. all they can do is obtain a judgment then they have to collect it in payments which you are already willing to do. they should settle if you write a letter. good luck
As part of your response to the suit, ask for proof of the amount. Surely they have added some fees, and before you would settle you would need this. Depending on how long you have, it may be a sort of validation, except instead of asking for proof of debt, you're asking for proof of the amount. Go through the process with the court if you need to, but make them give you a complete statement of how they arrived at the amount. Make sure if they have added any fees or interest that it is legal in your state. It varies by state. You may want to counter sue for the violations, or file another action to sue them for the violations. Talk to a lawyer or someone at the clerk of court's office to find out how to do this. With luck, you'll be able to sue them for more than you owe.
What CA? What state you in? What state is the CA in? If they aren't legal, it might buy you some time, give you some leverage. I think Hedwig gave you good advice, as well!
I don't want to give too many specifics (call me paranoid). My state doesn't require CA's to be licensed to collect here, so that isn't an issue. The CA is located in the same city as me. My wife tried to make payment arrangements when she spoke with them on the phone (yes, I told her not to speak with them on the phone), and they would not accept anything other than post-dated checks...even after telling her they couldn't legally ask for those! My wife gets free legal aid through her job. I think we will take advantage of that and have them file a response for us. Not sure what, if any violations, we have them on. I don't mind paying, just don't want a judgement or garnishment. The response to the suit has to be filed before the end of the month.
in regards to the CA, you mentioned that your state does not require a Ca to be licensed? I think you mean bonded, most states and cities require all companies regardless of trade to have a business license. may not be with the Sec of state but at least the city unless im wrong. as stated before put all communication in writing as to what offer you want to present with payment arrangements . most Attorneys( ligitmate anyway) that work for or with a Ca will accept payments not just post dated cks. like I said it will cost them more time and $ to pursue court and obtain a judgment. to have the same outcome payment! look up the Better Business BUreau online for your city and ck their reliability report this may give you some insite on their status if other consumers have filed complaints for the CA for non-refusal. also check your states bar association of lawyers and make sure the attorney that contacted you is ligit or if the Ca is using scare tactics. every state has a different SOL if this debt is past that time for them to legally collect then they are in violation under the FDCPA. I think you should continue to seek the advise of a attorney. i do know there is no judgmnet unless the CA has the legally authority to collect a debt and if they win in court. you sending written documentation offering to pay will help your situation. best of luck
Also, since this is a medical collection issue you might want to look up strategies here in dealing with CA's and HIPAA violations
I was just reading about the HIPPA stuff on another forum. Here is the link: http://www.creditboards.com/phpBB2/viewtopic.php?t=32730 WhyChat's letter looks great. I know I will be using it! HTH!
The CA is retained by the hospital to collect the debt. Actually, they are a collection attorney. What happend was, my wife called to discuss a different debt, and then the Collection Attorney brough up this debt, which she did not know about, and said "it's going to court soon". We never got anything in writing, no bill, no letter from the CA...no other contact after this phone call except for the notice of the lawsuit. My wife offered payments, and they refused. They said the ONLY thing they would take is a post-dated check. Isn't a CA required to give you some kind of notice in writing after initial contact over the telephone? The debt is apparently from last year. Still, I'm surprised they wouldn't accept payments and would rather go through the court process. My wife is meeting with an attorney on Monday. I'm still a "newbie" to credit repair, and this situation seems to be a bit beyond the letter-writing approach. I do like the idea of counter-suing for something because they have been so difficult.
