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Home > Law > Other Law   »   KY, collection agency practices

 
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Old Feb 23, 2007, 08:17 AM
jibjab
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KY, collection agency practices

Last year, I was contacted by a lawyer I have never heard of in the next town about a few small old bills that didn't get paid, threatening to get a judgement. Total of around $1200. I wrote him back and said that I did not dispute the bills, and that I would pay $150 per month until they were paid, but that I did not want a judgement on my credit history. He used that letter to obtain a judgement anyway, and I made payments until it was paid off.
Jump to current time, I got another letter from that same Lawyer, now he had $2000 in old medical bills he wants to collect.
I dispute most of them, my insurance should have paid, and the smallest bill of $200 was from a hospital that misdiagnosed me almost causing my death. I refuse to pay that one.
So I sent him a letter that I got off the web, which states in part....


"To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on January
3,2007. Be advised that this is not a refusal to pay, but a notice sent
pursuant to the Fair Debt Collection Practices Act, (15 USC 1692g Sec. 809 b)
that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a
request for VALIDATION made pursuant to the above named Title and Section. I
respectfully request that your offices provide me with competent evidence that
I have any legal obligation to pay you.

Please provide me with the following:


What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what
you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent "





You may have seen this letter on the web, anyway, I sent it registered, and his office signed for it on Jan 10th.
Feb 23rd, I get his reply, dated Feb 22nd, which ignores most of what I requested and is simply a photocopy of the medical statements showing the charges. He does not provide me with evidence that he is authorized to collect. He informs me that the credit bureau wants him to take further action.
So, since 30 days have past and he did not provide all I asked for.... How do I stand? Must I again accept another judgement and make payments again? I feel that it is not a coincidence that the same lawyer has contacted me twice, I think he solicited my credit records.
Any advice? Thanks

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Old Mar 8, 2007, 10:49 AM   #11  
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I was, but I spoke with a local Attorney who told me that I owed the money and that I needed to pay it to prevent a judgement.
Thats the whole kicker, I don't want another judgment on my credit. I really do want to clean it up.
So when they called, my wife and I decided to pay it, we just thought we could make small payments, but thats not acceptable to them.
So, I have to agree to the $150 to prevent a judgement then?
thanks.
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Old Mar 8, 2007, 10:55 AM   #12  
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They have the upper hand. if the debt is valid and they can prove it, they can obtain a judgement. The only way to precvent that is to iether prove the debt is invalid or pay what they want.
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Old Mar 8, 2007, 01:25 PM   #13  
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alright thanks. I'll make the payments, wont take too long to pay it off. I appreciate the advice.
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