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Does the Fair Debt Collection Practices Act only apply to collection agencies

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wrongedtexan

Junior Member
What is the name of your state? Texas

Does the Fair Debt Collection Practices Act only apply to collection agencies or to any person trying to collect a debt? I have some doctors bills that they are attempting to collect and the doctors billing department has violated some of the laws. Ive recieved harrassing phone calls and have documented them through police reports. The police report shows the numbers on my caller ID and the times of the phone calls. I also have many of the phone calls recorded. I am being sued by the doctor office and need to know if i should or can include their violations in my answer as a counterclaim.

Thanks
 


I AM ALWAYS LIABLE

Senior Member
wrongedtexan said:
What is the name of your state? Texas

Does the Fair Debt Collection Practices Act only apply to collection agencies or to any person trying to collect a debt? I have some doctors bills that they are attempting to collect and the doctors billing department has violated some of the laws. Ive recieved harrassing phone calls and have documented them through police reports. The police report shows the numbers on my caller ID and the times of the phone calls. I also have many of the phone calls recorded. I am being sued by the doctor office and need to know if i should or can include their violations in my answer as a counterclaim.

Thanks

My response:

The FDCPA only applies to "third party" collection agencies, not the collection departments of the creditors themselves. You're out of luck IF, in fact, it's the creditor that's calling you.

Why don't you just pay?

IAAL
 

Veronica1228

Senior Member
wrongedtexan said:
What is the name of your state? Texas

Does the Fair Debt Collection Practices Act only apply to collection agencies or to any person trying to collect a debt? I have some doctors bills that they are attempting to collect and the doctors billing department has violated some of the laws. Ive recieved harrassing phone calls and have documented them through police reports. The police report shows the numbers on my caller ID and the times of the phone calls. I also have many of the phone calls recorded. I am being sued by the doctor office and need to know if i should or can include their violations in my answer as a counterclaim.

Thanks
From what I have been able to determine, Texas DOES include original creditors to follow FDCPA guidelines. Therefore, you can include their violations in your claim. However, I also strongly suggest that you report their infractions as well. Here are a couple of links for you.

http://www.creditboards.com/forums/lofiversion/index.php/t15895.html

http://www.creditinfocenter.com/legal/FDCPA.shtml
 

Veronica1228

Senior Member
I AM ALWAYS LIABLE said:
My response:

The writer was asking about the FEDERAL Collections Act - - not any particular State laws.

IAAL
True, but they are so closely related that I just wanted to give her that info.
 

wrongedtexan

Junior Member
I AM ALWAYS LIABLE said:
My response:

The FDCPA only applies to "third party" collection agencies, not the collection departments of the creditors themselves. You're out of luck IF, in fact, it's the creditor that's calling you.

Why don't you just pay?

IAAL
I have tried to pay them the ORIGINAL Amount. They told me one amount then after i gave them my insurance info they submitted the bill three times the original amount i was told it would be. Now they are sueing me for the amount they submitted which was rejected by my insurance company. I would pay them if they would take it.
 

wrongedtexan

Junior Member
I AM ALWAYS LIABLE said:
My response:

The writer was asking about the FEDERAL Collections Act - - not any particular State laws.

IAAL
If they are in violation of any laws, Federal or state it would be of interest to me. Thanks for your response
 

HomeGuru

Senior Member
wrongedtexan said:
I have tried to pay them the ORIGINAL Amount. They told me one amount then after i gave them my insurance info they submitted the bill three times the original amount i was told it would be. Now they are sueing me for the amount they submitted which was rejected by my insurance company. I would pay them if they would take it.

**A: don't tell us this is the same chiropractor case that you have an ongoing thread on.
 

wrongedtexan

Junior Member
HomeGuru said:
**A: don't tell us this is the same chiropractor case that you have an ongoing thread on.
Yes it is, i have to file a answer to their lawsuit. If i have a counterclaim i would like to file that aswell. I posted a reply to your response in that thread as well.

Thanks
 

Veronica1228

Senior Member
HomeGuru said:
**A: don't tell us this is the same chiropractor case that you have an ongoing thread on.
Great catch HG. I can't believe I didn't make the connection. I must be having another blonde moment! :eek:
 

wrongedtexan

Junior Member
Veronica1228 said:
Great catch HG. I can't believe I didn't make the connection. I must be having another blonde moment! :eek:

Am i going to be flamed now, i posted the question in this forum because it relates to the type of question i was asking.
 

HomeGuru

Senior Member
wrongedtexan said:
Am i going to be flamed now, i posted the question in this forum because it relates to the type of question i was asking.

**A: no and you let me know if that happens.
 

Veronica1228

Senior Member
HomeGuru said:
**A: is there such a thing as a senior blonde moment?
There must be because I seem to have them all the time.

Unless of course you mean senior citizen. I have about 35 years to go for that.
 

Veronica1228

Senior Member
wrongedtexan said:
Am i going to be flamed now, i posted the question in this forum because it relates to the type of question i was asking.
I know I'm not planning on flaming you. I just have the whole picture now of what is going on. The fact still remains that if the doctor's office is harrassing you about the DEBT only and violating the FDCPA then you can report them on it.

Do NOT send them a letter threatening to do this if they don't drop their suit. Just report them and let the chips fall where they may.
 

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