Collections LawSubject: Physician paymentQuestion: My daughter
underwent surgery in January and I have been billed for the amount over
the insurance coverage. I have paid one of the bills as I can afford,
$200 here and $100 there. They are now threatening action against me.
If I am attempting to pay the bill, can they turn the case over to
collection agency?Answer: Yes, they can and they probably will.You
should probably hope they do and the quicker the better.Don’t make the
mistake of paying or even admitting that you owe the bill. Don’t even
take a chance of resetting the statute of limitations that way. It
started when you made your last payment to the hospital plus 30 days.
It will stop tolling if and when they file a lawsuit to collect the
money.Here are your remedies or at least some of them.First of all get
yourself a good digital voice recorder and make sure it has a means of
connecting it to your computer via the USB port.Then get yourself a
small black telephone recording controller from Radio Shack and be
prepared to record all phone calls. Learn to record all calls. You can
always erase those that you don’t want to keep.Be pepared to also make
a written history of all calls to your home coming from the debt
collector. Keep a record of the date, time, length of call, phone
number showing up on caller I.D. and a short transcript of what was
said.When they call be certain that you tell them that you dispute the
debt and demand that they validate the debt. Do it every time they
call. Keep on demanding. Don’t stop even though they try to tell you
that the debt has already been validated. Often debt collectors will
ask how you want them to validate the debt. The appropriate answer
is “You are supposed to know how the debt must be validated. If you
don’t know go ask your boss and if your boss don’t know either then you
ought to go find a boss who does know.”Of course they will probably ask
you if you are refusing to pay the debt or they will report you to the
creditor as refusing to pay. Don’t worry about it if they do.As soon as
you get their first dunning letter you should respond with a written
demand for validation/dispute of the debt. Send it certified mail,
return receipt requested. Their written demand for payment must be
received by you within 5 days after their initial contact by any means
including putting it on your credit reports.Their initial contact
letter must have a notice that you have 30 days to dispute the debt or
any portion thereof. If it does not that is a violation of the FDCPA
and is a valid cause of action against them in federal court.There are
many more violations that they can a maybe will commit and you should
learn them all and keep careful records outlining each and every one.
Your written record can become the history you will need to take them
to federal court and sue them for those violations. Don’t let that
frighten you. It isn’t all that difficult to do. You don’t even need a
lawyer to help you do it. Just learn how to do it yourself.It is really
the only hope you have to make them go away even if they end up getting
a judgment against you.The law was made to help you in the likely event
that you are abused by a debt collector. The law is powerful and you
can make it work for you. All you have to do is learn how and it isn’t
all that hard.Bill Bauer405-227-9423405-684-9297 This number will
change in a few days.See my website at http://ping.fm/2tltR for
much more information to help you.
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way.FDCPABefore you go, stop and think about this. Its all about
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This post is part of Blog Action Day 08 – Poverty 3 people chatting
Chris:
Hey is any one thier

I had a simple question regarding the Discovery phase
8/26/08 11:20pm me:
Yes, are you still there?

Anybody here?

Anybody here to chat?
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Posted By Creditwrench to All Experts Blog at 8/28/2008 08:41:00 PM