judgement question (medical acct)

Discussion in 'Credit Talk' started by LAT, Feb 21, 2002.

  1. LAT

    LAT Well-Known Member

    I received a letter and along with the normal you have 30 days to dispute ( I sent verify letter in late Dec-sent only a computer printout) etc etc, it also states they will obtain verification or obtain a copy of a judgement ( which the word judgement was highlighted) and mail you a copy....It also states that I have 3 days to pay in full or we will consider taking further action. They are located 40 miles (or so) from the county in which services were rendered (they have to sue you in a court in the county in which services were rendered right?) Did I mention this acct is only $350. I have several other medical charge-off's (holding out for pay for delete as with this one) that are way more than that. Any advice? I did call the SOS and she said they were not bonded (at least in Jan they were not) and so they were breaking TX law TXFDCPA--
    Help. It seems the harder I work to clear my credit, the more negative stuff keeps popping up. All from early last year!!!
     
  2. lbrown59

    lbrown59 Well-Known Member

    They can't include a 3 day limit to pay in the 30 day notice B/c it takes away the 30 days.
     
  3. lbrown59

    lbrown59 Well-Known Member

    I think they have to sue in your CO>
     
  4. susitna

    susitna Well-Known Member

    When the CA makes a demand by telling you that if you don't pay within three days in their initial letter to you they are clearly violating the FDCPA.

    They cannot include any language in their initial letter that overides your thirty day period to request validation.

    Write them a letter, include with your letter the FDCPA section stating your right to validate and request validation.

    They have already violated once, if they attempt any further contact without first providing validation, you will have two violations.
     
  5. lbrown59

    lbrown59 Well-Known Member

    Looks like they are willing to pay 1000 for 350.
    Good deal for you.
     
  6. LAT

    LAT Well-Known Member

    Actually they mailed me the first letter in december. I mailed the validation letter and he sent me a cheesy computer printout 1-2 weeks later (but Lking said to act like I never got it). This is actually the second letter. With the "since this is clearly a refusal to pay" etc.
     
  7. lbrown59

    lbrown59 Well-Known Member

    Have you sent the estoppel letter yet?
    What is refusal to pay.?What do you mean here?
    Did you get this 2nd.letter after they received your Val.Letter? If so this is another violation.
     
  8. LAT

    LAT Well-Known Member

    1. c/a called and wanted payment. Told him to send letter saying he would not put on credit (he said if I paid today, he would not put on credit). He said payment first. (dec)
    2. Sent validation letter after shortly receiving intial contact letter.
    He did mail the printout and the this is proof enough, don't need to send signature, proof of authority to collect.
    I did not mail the estoppel yet (even to date)
    3. He called 3 weeks ago (or around there) again asking for money. Send letter for deletion and I'll pay. Boy, did he turn rude. Told him no letter no payment

    4. Now I received this letter yesterday. Should I continue with the estoppel? When I called the SOS in Dec/ Jan she said this company was not bonded. (Thus not legal in state of TX to collect debts) I need to reconfirm (when he called #3 above, he said a different company name) they are not bonded. My thought, is if he takes me to court, the judge would see that he isn't even legal in TX.
     
  9. lbrown59

    lbrown59 Well-Known Member

    Who told you this was proof enough??????
     
  10. lbrown59

    lbrown59 Well-Known Member

    Where did you get the idea no proof of authority is needed.?
     
  11. sal826

    sal826 Well-Known Member

    Correct me if I'm wrong, but isn't it against the law to place ANYTHING on someone's CR that has a MEDICAL notation??



    Thanks,
    Sal
     
  12. breeze

    breeze Well-Known Member

    I think LAT was trying to tell us what the collection agency told him.


     
  13. LAT

    LAT Well-Known Member

    Right! The c/a told me that stuff. I sent the validation letter requesting a signature, proof of authority to collect, etc. the c/a sent back the orginial letter I sent along with computer printout (Just more or less my info on computer- and a dr's office charged this, insurance paid this so your responsible for this amount, per EOB from my insurance carrier) And along the top he hand wrote that he does not have to send information per my descresison. (boy, I messed that word totally up!) But as of Jan they were not bonded with the state of TX.
     

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