What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
Five years ago, a hospital had an account in my name that I had no knowledge of. They assigned it to a collection agency that I assume is commissioned or something. However, they later sent it to a JDB and washed their hands of it.
Now, the JDB is now suing, but as the attorney for the plaintiff, not as the owners of the debt. I contacted the plaintiff, who could not verify the account number the JDB gave me, but did find an account using other personal information. They confirmed that the JDB had bought the account from the collection agency, and they kept directing me back to the JDB.
These are my main questions:
1. Can the JDB do this legally? If not, how can I prove in court that they're doing this?
2. Don't I still have rights to my own medical records, even if I think they're fraudulent? Why am I forced to go through a law firm?
3. Should I wait to report identity theft until I have more evidence, knowing the evidence might have been erased?
4. Are there any resources you can point me to, or examples of this other than the famous Amex case?
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
You ignored the prominent question about your state. A lot of what you can or cannot do depends on your state laws. However, I'll give you some comments with the understanding that the answers may completely change when more details are known.
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the JDB is now suing,
Does that mean you have been served a summons through a court accompanied by a complaint? Or are you just being threatened with a lawsuit?
If the former, how much money are you being sued for? What is the alleged date of default? What court? Small claims or regular? What does the summons instruct you to do? Appear? File a written answer? What was the date that the lawsuit was filed?
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Can the JDB do this legally? If not, how can I prove in court that they're doing this?
You raise the defense that they don't own the debt and have no authority to sue. You seek documents during discovery.
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Don't I still have rights to my own medical records, even if I think they're fraudulent? Why am I forced to go through a law firm?
Medical records are separate from financial records. The hospital still has them. Go to the hospital's records department. Fill out the appropriate forms and get copies of your records. It's likely that the hospital only gave the JDB the financial records.
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Should I wait to report identity theft until I have more evidence,
Yes.
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knowing the evidence might have been erased?
You don't know that. You're just assuming it.
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Are there any resources you can point me to
No. Not until you answer all the questions so we have something to go on.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
Sorry, I had "Tennessee" written out and I don't know what happened.
Yes, I've been served a summons. It's in General Sessions Court, which is kind of like Tennessee's version of small claims court. The maximum amount is $25,000. This suit is for $817. It instructed me to appear and answer, but someone who worked in the courthouse recommended filing a written answer, so I did.
There's no complaint attached, it just says "debt." This is apparently sufficient for General Sessions.
As far as the medical records go, I may be able to get them if I keep pushing, but everyone I talked to acts like I have to go through this sketchy law firm that owns the debt.
One important thing to keep in mind: the JDB's primary claim is that they DON'T own the debt. So the usual defense may work here. That's partly why I'm confused.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
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Sorry, I had "Tennessee" written out and I don't know what happened.
The statute of limitations for a lawsuit is 6 years in TN. If the default was less than 6 years ago then that defense isn't helpful. Hence the question about the state.
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Yes, I've been served a summons. It's in General Sessions Court, which is kind of like Tennessee's version of small claims court. The maximum amount is $25,000. This suit is for $817. It instructed me to appear and answer, but someone who worked in the courthouse recommended filing a written answer, so I did.
Here's a guide to TN small claims:
http://www.tncourts.gov/sites/defaul...-_may_2013.pdf
The statutes that cover small claims are:
Tennessee Code Annotated, Title 16, Ch. 15, Part 5, Sections 501-505; Title 16, Ch. 15, Part 7, Sections 712-735; Title 16, Ch. 15, Part 8, sections 801-807; Title 16, Ch. 15, Part 9, Sections 901-905.
Which you can find at:
https://law.justia.com/codes/tenness...16/chapter-15/
You can also get a copy of your local court rules from the court, maybe from the court's website.
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As far as the medical records go, I may be able to get them if I keep pushing, but everyone I talked to acts like I have to go through this sketchy law firm that owns the debt.
I'm guessing that "everyone" you talked to does not include going up to the records counter in the hospital and saying "I would like copies of all my records. Please give me the authorization form to sign." Then you stop talking. No need to explain why you want them. It's your right. See TN statute 68-11-304:
https://law.justia.com/codes/tenness...ter-11/part-3/
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a hospital shall furnish to a patient ... such part or parts of the patient's hospital records without unreasonable delay upon request in writing by the patient
Your written request is the authorization form that they hand you. You might be charged a fee for the copies.
If your medical records confirm the treatment, you probably would be wise to just pay up and get the lawsuit dismissed. If there are no records, find the billing department and start asking questions.
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One important thing to keep in mind: the JDB's primary claim is that they DON'T own the debt. So the usual defense may work here. That's partly why I'm confused.
It's possible that the hospital just charged off the account and didn't actually sell it off.
According to the guide:
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Seeing the proof ahead of time saves time in court. The judge does not want to waste time while you look at each other’s proof. Showing proof to each other before court gives you a chance to see what proof the other side will use.
That implies that a certain amount of "discovery" is allowed even in small claims which means that you can send the plaintiff's attorney a request to product documents that might help you understand what's going on.
Rule 34.02 gives you an idea of how it works:
https://www.tncourts.gov/rules/rules...procedure/3402
Here's a sample request that gets served on the Plaintiff. You can modify it to suit your purposes:
http://www.putnampit.com/coomer2/Pla..._documents.pdf
Come back to this thread if you need more discussion.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
Unless your medical records are for a mental impairment they have to give you a copy.
https://www.hhs.gov/hipaa/for-indivi...rds/index.html
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
Actually it is only Psychotherapy notes that don't have to be released. Any other mental health records do have to be released.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
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I'm guessing that "everyone" you talked to does not include going up to the records counter in the hospital and saying "I would like copies of all my records. Please give me the authorization form to sign." Then you stop talking. No need to explain why you want them. It's your right.
Never talk to nameless, mindless bureaucrats on the phone.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
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Quoting
adjusterjack
Never talk to nameless, mindless bureaucrats on the phone.
Oh if that were only possible it would be a much better world.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
So no one has an answer to question #1?
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
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rodavon99
So no one has an answer to question #1?
I did answer it.
"1. Can the JDB do this legally? If not, how can I prove in court that they're doing this?"
You raise the defense that they don't own the debt and have no authority to sue. You seek documents during discovery.
If it's the first question in there that you are concerned with, it should be obvious that it's legal for a plaintiff to file a lawsuit and make allegations even if those allegations turn out to be in error when evidence is presented at trial. That's what the whole lawsuit system is about.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
I apologize, I phrased my question poorly. I'm aware that I can contest their standing in court, but I'm just wondering how it's legal for a JDB to pose as a hospital or physician's group. I've been told over and over that impersonating a creditor is fraud, and it certainly seems like it, but I can't find an actual statute, or even a precedent other than an Amex case that made the news a while back.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
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rodavon99
I apologize, I phrased my question poorly. I'm aware that I can contest their standing in court, but I'm just wondering how it's legal for a JDB to pose as a hospital or physician's group. I've been told over and over that impersonating a creditor is fraud, and it certainly seems like it, but I can't find an actual statute, or even a precedent other than an Amex case that made the news a while back.
You don't know that anybody is doing any of that.
And none of that speculation is going to help you.
Focus on the allegations in the lawsuit and ask for the documentation that supports those allegations.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
What do you mean I "don't know" that anyone is doing that? Do you mean I have no written documentation? The plaintiff did not file this suit. They've denied all involvement from the start, admitted to not owning the account, and referred me to the agency who was first assigned it. An agent at the JDB more or less admitted that the plaintiff isn't personally involved. If I don't know this, I don't know anything, and neither does anyone here.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
If the junk debt buyer files a lawsuit in the name of a different entity, then you would bring a motion alleging that they lack standing to sue on behalf of the original creditor. However, it's difficult to picture an actual junk debt buyer making that sort of mistake. If they own the debt, they can file in their own name.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
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rodavon99
What do you mean I "don't know" that anyone is doing that? Do you mean I have no written documentation?
Exactly.
You are relying on what your enemies are telling you over the phone.
Very dangerous.
Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
It would have been much easier if you'd just said that.
It's worth noting that I have an affidavit from the "creditor or creditor's agent," who is an employee of the law firm. I don't know what the legal designation for "creditor's agent" is, but it definitely seems like the creditor is not actually involved.