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11-18-2005, 10:11 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 5
| | | mammogram bill that was already paid sent to collections 3 years later What is the name of your state?California
my lady got one of those "procedures" done in where she needed to get a mammogram done before hand. she paid cash and was given a carbon copy receipt. her test came back negative and we were good to go. here we are 3 years later she has never been contacted once regarding this and a collections company called today to say they want the money and the lab is tired of tryin to collect from her. here is the suck part…. she just threw away that carbon copy a few months ago thinking she would not need it anymore. can we demand that they show us their books and prove to us she never paid? And whats up with never getting a statement and going to collections 3 years later with no phone calls? what do we do? the boobs are still nice though. thanx for askin. -Shag | 
11-18-2005, 11:02 PM
| | Senior Member | | Join Date: Jul 2005 Location: Missouri
Posts: 3,803
| | | It is impossible to prove a negative. You have to prove you paid.
DC
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Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope. Quote: |
OP needs counseling...not a court house. --Zigner | | 
11-19-2005, 12:40 AM
| | Junior Member | | Join Date: Nov 2005
Posts: 5
| | | how far can we get asking for them to look back at their payment slip carbon copies from the date? What course do we have if the office refuses to hear us because they already sent it to collections? and because we never got anything in the mail or 1 phone call till now do we have any rights to make them prove they’ve tried to contact us? if this would have been brought to our attention a long time ago we never would have let it go all the way to collections. now we have the problem with what’s going to be posted on her credit report to deal with. On the day she paid she recalls seeing a sign in the office saying “payment is due at time of service”. she remembers the girl who helped her was incompetent, didn't have change, and took forever to get some. we also have the statement from the radiologist saying everything was negative. will any of those things help? Thank you for your help. | 
11-19-2005, 03:18 AM
| | Member | | Join Date: May 2005
Posts: 74
| | | I'd call the lab, ask for the billing department, and sweet talk whoever answers the phone into looking up your wife's billing records. Who knows, the girl who took the cash could have pocketed it. I think, by law, they have to keep their records for a certain period of time. Good luck to you. | 
11-19-2005, 12:32 PM
| | Member | | Join Date: Sep 2005 Location: medford oregon
Posts: 217
| | Quote: |
Originally Posted by shag75 What is the name of your state?California
my lady got one of those "procedures" done in where she needed to get a mammogram done before hand. she paid cash and was given a carbon copy receipt. her test came back negative and we were good to go. here we are 3 years later she has never been contacted once regarding this and a collections company called today to say they want the money and the lab is tired of tryin to collect from her. here is the suck part…. she just threw away that carbon copy a few months ago thinking she would not need it anymore. can we demand that they show us their books and prove to us she never paid? And whats up with never getting a statement and going to collections 3 years later with no phone calls? what do we do? the boobs are still nice though. thanx for askin. -Shag | Are you sure you paid all the bills for the procedure? Usually there are two different bills, one for the lab charges and one for the doctors office charges. Could it be that one was paid and the other not? Just a thought.
Carrie | 
11-19-2005, 01:02 PM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,529
| | Quote: |
how far can we get asking for them to look back at their payment slip carbon copies from the date? What course do we have if the office refuses to hear us because they already sent it to collections?
| In California, once an obligation is turned over to a CA, it *belongs* to the CA, which is a good dis-incentive for a creditor to stay involved or care.
Ask the CA for validation of the debt. Beg the creditor for some help, even 'tho it doesn't have to give it. Between the two, you might find out to what this pertains and how solid is the support. It has been noted that you have to prove that you did pay to defeat the claim. Also noted is the fact that this could be for a procedure that was not included in the cash payment. That possibility is certainly left open by the facts of your post. Find out what the debt is about. Right now, you're tilting with windmills.
Last edited by Chien; 11-19-2005 at 06:53 PM.
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11-19-2005, 01:32 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 5
| | | ok we can look into that. what prevents these places from making stuff up then? how can they never contact us and then send it to collections? is that fair or legal? | 
11-19-2005, 02:58 PM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,529
| | Quote: |
what prevents these places from making stuff up then?
| Only your ability to disprove it. It's legal, and that's all that counts. | 
11-19-2005, 05:48 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 5
| | | it's legal to send somebody to collections and never contact them beforehand? | 
11-19-2005, 06:15 PM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,529
| | Quote: |
it's legal to send somebody to collections and never contact them beforehand?
| Yes, again. Maybe you don't feel that it makes good business sense (?). Maybe the creditor doesn't want to be bothered (to collect). Don't know what's difficult to understand but, yes, it's legal. | 
11-19-2005, 06:46 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | Quote: |
what prevents these places from making stuff up then?
| Probably nothing, because some CA's have been known to 'manufacture' documents for their own benefit.
However, you DO have the Fair Debt Collections Practices Act (FDCPA) on your side. You can demand that they prove the validity of the debt, that's why they call it VALIDATION. If they can't prove the debt, they have to cease collections.
I suggest you read the FDCPA, you can find it at [url]www.ftc.gov[/url]. You can also learn a lot at [url]www.creditinfocenter[/url]. You'll also find sample letters to use there too.
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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11-19-2005, 08:10 PM
| | Junior Member | | Join Date: Nov 2005
Posts: 5
| | hey chien i sent you to collections.... you never payed me back my 20 bucks from that one time 3 years ago!
ill go take a look at the web sites. thanx. | 
11-20-2005, 12:28 AM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,529
| | | Post an address and the date of the next "procedure" - we'll try to work something out for that. Don't remember you or the time 3 years ago, but I won't even request validation. Anything to see you're *payed* and make your world a better place, Shaq. | |
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