Horrible Collector

What is the name of your state? Ohio

I recieved a call from a collection agency in regards to a doctors office bill that was from 1998 and 1999. Apprentaly, my previous insurance company didn't cover the visits because they needed to know if my daughter was covered under another insurance company. Five years ago, I thought I gave them this info and the bills were paid. They are now wanting me to pay $600. I contacted the insurance company provided them w/ my EOB's and they need a week to pull the microfilm from the office visits.

The collector is threatening to put a lien on my house if I don't pay them by the end of this week.

#1-Is there a statue of limitation for collecting a debt?

#2-Doesn't the collector have to give me a reasonable amount of time.

#3-Does the doctors office have to talk to me about this??

Thanks!

[bigun]

The only way a lein can be placed on your house is, if they sue and win and, state law allows a lein.
If it were me, and I though the bill had been paid, my big ole butt would be camped in that drs. office demanding an explanation.
Never use the term reasonable and collector in the same sentence.
Send a letter demanding validation and tel them the only acceptable means of contact is by phone. This will buy some time while the insurance company gets your records. Send the letter CRRR. Here's a sample and, don't forget to add mail contact only.


This is a request for debt validation from a creditor or credit bureau. Send as certified mail, return receipt requested.

«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

RE: Account #_________/Original Creditor’s Name

Dear Sir/Madame:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,

«Signature»
«Your Name»


- - - Include the following on a separate sheet of paper - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

__/__/__
Date

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

I haven't sent the letter you suggested, I wanted to wait to hear from the insurance company. I gave them a week to pull the EOB and they now need 15 days from last week due to my files being put on microfilm and my account being so old with them.

The insurance company is going to pay the claims but they can't tell me how much until they get my file. Understandable. However, the collection agency has hung up on my today.

I called to give her the information and she called me a dead beat and wants a good faith payment of $100. I told her I would not do that because considering the discount the doctors office gets and what the insurance company will pay, if I pay the total amount or even the $100 then I will not get my money reinbursed to me. She said my time was running out.

I requested she send a letter with all of the information. I requested this the first time she called and I requested it again and she said she wasn't going to waste postage. I urged her to send this because I need this letter indicating that they are attempting to collect something from me.

She says she is not a customer service rep and does not need to be friendly. Am I entitled to a letter from her?? She has never told me she is collecting a debt at any conversation as well.

I am now waiting for the insurance company. The insurance company has talked to doctors office and they are ok with waiting the 15 days and now the collection agency says I can't pay the doctors office, I have to pay them.

What are my options with these people?? What are the laws???

[bigun]

See my earlier post. QUIT TALKING ON THE PHONE.
Send the validation letter and include the language that no more phone calls-mail contact only.
If the dr. accepts payment, the ca is really SOL and will have to remove any tradelines as, the account was clearly palced in error.

[JETX]

Bigun said, "Send a letter demanding validation and tel them the only acceptable means of contact is by phone. "
I presume he meant that the only acceptable means of contact is in WRITING.
Correct??