Summons received from Collections Agency

[Wild~Islander]

What is the name of your state? ALASKA
I origianlly brought my pet in for services to a Vet in 2001. Vet performed surgery, and I was given instructions for care. I remained home daily, cleaned bandages, applied medication, etc... About 1 1/2 weeks after surgeory, the dog's neck was beginning to stink and the way the Vet sewed him back up was archaic. I brought the dog back to the Vet to complain about this, and requested that it be remedied. The Vet honored my request, and upon return of my pet, I was informed that more surgery was performed; that the Vet did not origianlly get all of the problem, and I was billed for it a second time after full payment was provided from the first time.

I verbally disputed this issue upon receipt of my pet. Followed up with a certified return receipt letter explaining my dispute. The Vet responded several months later explaining my responsibility for the services. And I was harrassed with phone calls from the Vet's secretary at home, and at work. I informed the Secretary I would seek my legal rights. Then a collections agency contacted me. In December 2002, I submitted a certified, return receipt letter to the collections agency requesting copies of all debts owed, and any other supporting documentation to the claim to allow me fair review of the claim before I would resolve this issue. To this date in 2004, I have not received any information from my reqeust; that is until I was summoned to small claims on 8-10-04.

To make matters worse, the Vet who performed the surgery stated in her reply letter to me that it was not her fault the 1st surgery failed, and that it was because of another Vet who temporarily cared for my dog originally (my initial emergency visit on a weekend) that created the problem by giving him some medication to reduce the swelling.

Q: Can a collections agency ignore my request for information?
Q: Can I be charged for another surgery I did not request?
Q: Can I supena the other Vet to answer to the allegations of the Vet claiming for her services?
Q: Would I have a better chance taking this to Civil Court or to Small claims? The debt total is approximately $1,200.00.

 

[Ladynred]

Q: Can a collections agency ignore my request for information?

Sure they can, but they may be breaking the law. Per the FDCPA, if you notify the collector that you are disputing the debt and ask that they provide proof, then they are supposed to cease all collection activity until they have provided such proof.

Q: Can I be charged for another surgery I did not request?

I would expect that that depends on the policy of the vet's office. You did ask that your dog be treated, and it was treated. Though they probably should have told you what that treatment would entail.

Q: Can I supena the other Vet to answer to the allegations of the Vet claiming for her services?

Yes, but not likely in small claims court.

Q: Would I have a better chance taking this to Civil Court or to Small claims?

Depends on what small claims court rules are in Alaska. If you want to go for discovery, witnesses and a jury, you'll have to go to a higher court.

I would suggest you consult an attorney.

 

[Wild~Islander]

The FDCA for Alaska is recognized on the Federal level.
Therefore, where it states in 811 (2)(A) "in which such consumer signed the contract sued upon" I have a problem with that. There was no contract written for services when I brought my dog back in the second time.

Can section 809 (b) be completely ignored? I made written contact with the collection agency requesting FOIA for documentation to be sent to me so that I may review, verify, and either dispute or settle the matter. This in itself seems completely absured that the agency can ignore my request for 1 year and 9 months. There has got to be some rule or rules that make collections agencies responsible; or rather responsive to the request, and in a timely manner.

I also noticed that the documents submitted with the summons are inconclusive. Specifically the original date of service is being claimed, and I can show bank records showing payment in full. How can this be used as evidence?

 

[Wild~Islander]

STATE IS ALASKA:

Additionally, I did see a lawyer. He stated that I have my documents in perfect order, and appear to have my areas covered; to which, he then stated that the law in Alaska only allows for a small portion of attorney's fees to be retrieved if I won the case. In affect, I could spend $5,000 for a $1,200 bill, and only recoupe approximatley $300 - $400 (estimated) back in return. He just didn't feel that I should hire a lawyer for such a small amount. But he felt I had a pretty strong case.

I figure I should just chronologically list the events, prepare a statement to read from to stay focused, and request at the end of my statement what I'd like to see the outcome as. Which is that I owe nothing, and wish to have my credit report cleared of this mark. This is simply an action of principle. That I paid for services to have my dog fixed, and did not like the way my dog was stiched back together because of the horrid stench and blackening skin (photos for evidence), and that I brought him back in and stated for them to correct it. Which they did, but also performed more surgery without consent or a contract acceptance to proceed. Not even a phone call.

 

[Ladynred]

Can section 809 (b) be completely ignored? I made written contact with the collection agency requesting FOIA for documentation to be sent to me so that I may review, verify, and either dispute or settle the matter. This in itself seems completely absured that the agency can ignore my request for 1 year and 9 months. There has got to be some rule or rules that make collections agencies responsible; or rather responsive to the request, and in a timely manner.

No, they are not supposed to ignore it, but many do. All Section 809 says is that if you request validation, they must cease all collection activities until they DO provide proof. There is no requirement that they EVER validate, but the DO have to stop trying to collect. Sadly, there are no time constraints for providing validation in the FDCPA. There is nothing, in fact, to force them to do anything - except stop all collection activities. Many collectors will dump the account rather than deal with validation and they'll just sell it to another collector and you start all over again.

If you have a problem with their 'evidence' dispute it in court. Seems like you're already prepared to do that.

 

[Wild~Islander]

STATE IS ALASKA:

It seems to me that there is no protection for the consumer at that point.

I'm more heavily leaning towards the Civil Court than Small Claims. I believe that a jury of peers, although represented by self, will give me a better opportunity to state my case, show cause, and allow the evidence I have be presented to peers. Rather than have a magistrate provide the only consideration.