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  1. #1

    Default Collection of a Medical Bill Sent to the Wrong Address

    My question involves collection proceedings in the State of: California

    Hello,

    About a week ago I received a phone call from a collector regarding a doctors bill from Dec. 2014.

    After contacting the doctors billing company I found out that they:

    1. Billed my secondary insurance first.
    2. Have a wrong address.

    For almost 2 years they kept sending letters to that wrong address. The idiots never crossed their mind to call me on the phone.

    After our conversation they transferred my case to the management for reevaluation.

    I asked them to call the collectors and tell them to stop until the reevaluation goes on but they didn't do that . . . I received an validation letter dated 8-19-2016

    Any advice how to handle this??

    Thanks,

    Yoji

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Debt Collection

    Other than pay the bill and wait for a refund?

    No.

    As long as the billing office believes the bill is unpaid they are under no obligation to stop the collection efforts while it's under investigation.

    The collection agency also has no obligation to stop its collection efforts.

    All you can do is try to hold the collection agency at bay until it's resolved.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Debt Collection

    When dealing with third party collectors you have 30 days from first contact to demand the debt be verified. Until you recieve that verification they are not allowed to contact you.

    After that they are free to contact you unless you issue a cease and desist demand they stop contacting you. After that point there are only a couple of reasons that allow them to contact you. The most common is notice you are being sued.

    Those rules do not apply to the first party (the original creditor).

  4. #4

    Default Re: Debt Collection

    Quote Quoting jk
    View Post
    When dealing with third party collectors you have 30 days from first contact to demand the debt be verified. Until you recieve that verification they are not allowed to contact you.

    After that they are free to contact you unless you issue a cease and desist demand they stop contacting you. After that point there are only a couple of reasons that allow them to contact you. The most common is notice you are being sued.

    Those rules do not apply to the first party (the original creditor).
    Hello,

    I would like to clarify a couple of things.

    A week after the first phone call I received a validation letter dated 8-19-2016, with a copy of the bill.
    I understand that I have till september 18 to act ? !

    What happens if I don't do anything?

    If I am sued should I have a lawyer?

    Can he do anything without going to court first?

    Do you have a sample letter to issue a "cease and desist demand they stop contacting you" that fits my case ? ?


    Can you explain "Those rules do not apply to the first party (the original creditor)."? I don't understand that.

    Thank you,

    Yishay

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Debt Collection

    The fdcpa controls how third party collectors must act.

    https://www.ftc.gov/enforcement/rule...tices-act-text
    http://www.expertlaw.com/library/con...ices-act-fdcpa

    that law does not apply to an original creditor (the entity you incurred the debt to originally)


    a cease and desist letter can be nothing more than; stop contacting me. If you want to be fancier you can write; I am sending this cease and desist demand per the the allowances of the fdcpa;

    (c) Ceasing communication
    If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.



    as to hiring an attorney. No idea of the amount owed but if you owe the debt an attorney isn't likely to provide much benefit. He might be able to negotiate some level of discount. He may be able to negotiate a time pay arrangement.

    A lawyer can talk and negotiate before going to court.

  6. #6

    Default Re: Debt Collection

    The original bill is $1600 and the collector wants $1900.

    I had then two insurance coverages who would have cover all or most of the bill but . . .

    First, they sent the bill to my secondary coverage instead to the primary.
    Allegedly I didn't told them that I have two coverages.

    Then they start sending letters to me but I never received them because they
    had wrong ADDRESS and they never called me on the phone.

    Even today they can reapply the bill and get the money.

    So why I have to pay for their negligence?

    Quote Quoting adjusterjack
    View Post
    Other than pay the bill and wait for a refund?

    I had then 2 medical insurance coverages, they just had to apply to the primary first.
    Even today the bill can be payed if they will reapply.

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