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Debt collection

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yishay

Junior Member
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 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 today an validation letter.

Any advice how to handle this??

Thanks
 


AdjunctFL

Member
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 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 today an validation letter.

Any advice how to handle this??

Thanks
Yishay, what state did this occur in?

Also, what address did they use? E.g., was the address one that you know about such as your parents?

Do you owe the debt? If you do owe the debt, what are you trying to accomplish?
 

yishay

Junior Member
Yishay, what state did this occur in?

Also, what address did they use? E.g., was the address one that you know about such as your parents?

Do you owe the debt? If you do owe the debt, what are you trying to accomplish?

Its California,
The street address is right but wrong city.
First I want them to stop the collection.
 

AdjunctFL

Member
First I want them to stop the collection.
You never answered if you owe the debt? If you do, on what basis do you think you shouldn't pay it? Their sending the bill to an incorrect address is not going to wipe out a valid debt that you owe nor prevent them from collecting it.
 

justalayman

Senior Member
Its California,
The street address is right but wrong city.
First I want them to stop the collection.
Whether it is a debt collector hired by the original creditor or a junk debt buyer who has a right to collect on the loan, they all have a right to continue to attempt to collect the debt.....


Until you tell them to cease all contact with you. At that point they can't contact you again other than to notify you they are suing you or they are ceasing collection efforts.


Your notice to cease communications must be in writing to be effective.
 

yishay

Junior Member
Whether it is a debt collector hired by the original creditor or a junk debt buyer who has a right to collect on the loan, they all have a right to continue to attempt to collect the debt.....


Until you tell them to cease all contact with you. At that point they can't contact you again other than to notify you they are suing you or they are ceasing collection efforts.


Your notice to cease communications must be in writing to be effective.
Thanks

The debt is legal but I didn't know about it until a week ago from the collector.
I have MEDICARE and they should have send the bill to them.
I want to take care of that but I need to get the collector off my back.
 

AdjunctFL

Member
Thanks

The debt is legal but I didn't know about it until a week ago from the collector.
I have MEDICARE and they should have send the bill to them.
I want to take care of that but I need to get the collector off my back.
I received a medical bill for my mother more than a year after she died. Because it was more than a year old, Medicare wouldn't accept a claim for it. I called the hospital, suggested it was their fault, and they wrote it off instead of continuing to send bills.

I don't know if they were legally obligated to do so, but it never hurts to politely ask.
 

justalayman

Senior Member
Thanks

The debt is legal but I didn't know about it until a week ago from the collector.
I have MEDICARE and they should have send the bill to them.
I want to take care of that but I need to get the collector off my back.
If you send a cease and desist letter it could spur them into suing you. I do not know what you have as attachable assets or income. You will have to determine if it is worth the risk.

If you do intend on paying it, often times it is better to keep the lines of communication open. If you wish to attempt to negotiate the balance or set up payments you really need those lines of communication open.
 

justalayman

Senior Member
I received a medical bill for my mother more than a year after she died. Because it was more than a year old, Medicare wouldn't accept a claim for it. I called the hospital, suggested it was their fault, and they wrote it off instead of continuing to send bills.

I don't know if they were legally obligated to do so, but it never hurts to politely ask.
In your situation the estate would have owed the debt. Unless there were adequate funds in her estate it makes no sense to attempt to collect on the debt.
 

yishay

Junior Member
I received a medical bill for my mother more than a year after she died. Because it was more than a year old, Medicare wouldn't accept a claim for it. I called the hospital, suggested it was their fault, and they wrote it off instead of continuing to send bills.

I don't know if they were legally obligated to do so, but it never hurts to politely ask.
.
I am sorry for your loss!
.
I spoke with MEDICARE and they probably will be paid if they will reapply.
 

justalayman

Senior Member
Since this is your mothers debt, unless you signed as a guarantor you personally owe nothing. Your mothers estate may owe though.

There may also be a rule prohibiting them from collecting if they failed to bill Medicare. I'm not that familiar with Medicare but many insurance providers prohibit the providers, in PPO situations, hmo's and possibly others from billing patients for the providers late billing errors. You should speak with a Medicare representative to inquire about that possibility.

Outside of that, unless there was money in your mothers estate to pay the bill they couldn't collect on it anyway.


Did you probate your mothers estate?

You have a lot of issues and a lot of possibilities. There is no simple answer as there are so many possibilities
 

AdjunctFL

Member
In your situation the estate would have owed the debt. Unless there were adequate funds in her estate it makes no sense to attempt to collect on the debt.
There were ample funds in the Estate to pay the bill. Asking nicely, however, resulted in the hospital being willing to do the right thing. My point was, it never hurts to try politely.
 

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