My question involves collection proceedings in the State of: California.
Hi Everyone,
I'm posting this question in lieu of a debt that I do in fact owe. I am trying to set this right, but I am having a difficult time figuring out how I'm protected and how to proceed. I have read through Debt Collection Practices FTC and FDCPA, but I'm hoping for a little bit more information.
In September of 08, I had four wisdom teeth removed due to pain. I do not have insurance and made a plan to pay $1318 in 4 $300 installments.
I made two of them before I fell behind on my other payments. My mother's disability was canceled and I did my best to take care of her. I prioritized my bills and set this one as one I'd get back to.
I set it aside for too long and my dentist sent me to collections with an interest charge of $39.34. It is completely my fault, but I am trying to set it right.
I sent in a request for validation of the debt to buy a little time to figure out how to handle this. They sent me just my invoice from the dentist office. Unsigned, without any documentation stating they own the debt, or that they have the right to charge interest (still questioning).
I sent them a request to settle, stating I can afford $200 monthly payments until the debt is paid in full. Never acknowledging that I actually have liability to the debt, as I believe that may hurt me.
They denied stating "They do not accept partial payments, I have five days to pay, or contact their office for a plan."
I contacted the office and received an angry return call, starting with yelling and telling me to shut up and that I'm not listening to the debt collector. He stated that they are not a bank and partial payments are not allowed. The plan the office is offering is to allow me to pay by the end of the month after I submit a financial statement over the phone. He stated that this can lead up to wage garnishment by his company (questionable, only courts can do that, did he make a false statement, does that effect me?).
I refused and scheduled an appointment in person on Monday if they really want to set up a financial statement.
I contacted the Dentist office yesterday regarding the debt. I let the dentist know that I am willing to pay the debt in payments and I am really sorry I let it drag it out this long. My amazing dentist completely understood and contacted the agency. They stated that he consigned the debt over to them and he no longer has control over it. So I MUST negotiate with the Debt Collector. The dentist is willing to do anything I can come up with to help me after I explained my entire situation.
The dentist is making another personal call today on my behalf hoping to change this, but I don't see it happening for us.
So I plan to go in on Monday, let them know my situation, dispute the interest charges and overall see what happens. The only thing I don't want this to do is end up on my credit report. As of right now, they have not reported anything and Professional Recovery System's website states for clients that it reports after 60 days. I'm still within that time period.
I'm really trying. I messed up pretty bad, and want to fix this, but I fear that they will attempt to get me to pay up when I don't have the money. If I do settle with the debt collector for less than owed, I will pay the dentist for the work he had done and the less amount over time, but I don't have all the money to make this go away right now.
I'm a food server, so I make cash every night, so I'm not too worried about wage garnishment as my paychecks are so little. Due to my family problems I am in about 15k debt for all my family's expenses. I've taken on a lot, I just would like a little sound advice.
Should I keep pushing a payment plan to pay in full? Or should I settle for less at the end of the month, (about $350 1/2 of total debt)? Is there a way to increase the likelihood of it not ending up on my credit report?
I'm a bit confused about the concept of the assigned debt. So the debt is still legally the dentist's right? So I can work around the debt collector if necessary, if that's true. Professional Recovery System's website states:
"We are on-line with Experian, Trans Union and Equifax, the three major credit reporting companies serving the United States. We obtain an abbreviated credit report on all accounts assigned for collection. With our client's permission, we list all accounts assigned after sixty (60) days that are still unpaid with the three National Credit Reporting companies. This sixty (60) day time can be modified based upon our client's requirements."
Does that mean the dentist must be willing to report to the credit agency? If so, could I send a cease and desist letter and then ask the dentist to not report it, and wait until the debt is sent back to the dentist to rework my plan with him?
Thank you for reading and all responses appreciated.

