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

You shouldn't have "accepted" ANY judgement. You don't accept a judgement. You either fight it or let the plaintiff win by default. How did he obtain the original judgement? Did you have a hearing. Did you show the judge you had offered a reasonable payment plan?

The same thing goes here. If he tries filing a judgement against you then defend it in court.

Thanks Scott. The first time, I'm not sure what happened, I got a letter with a copy of the judgement, with the Judge stating that I had agreed to the debt. I did not have a hearing that I know of.
This time, If I do not respond by March 5th, then he will probably file for another judgement. Assuming he does that, What are my options? The total owed is around $2000, wouldn't a defending Lawyer cost me more than that? Or do I even need a Lawyer? Also, what defense do I have? All I can say is that my insurance should have paid. That won't cut it.
I really believe this guy got a hold of my credit report and went fishing for money, contacted any old creditors he could find and offered his services. But I don't know for sure.
Even if I have to pay the money, that would be fine if I can make affordable payments, but I don't want another judgement on my credit record.

You respond with your intention to defend.You demand he provide proof of the debt and his responsibility to collect on it. If he does, you ask the judge to mediate a reasonable payment plan.

I asked for proof of his responsibility in my letter. He sent me hospital statements, but not anything showing he was authorized to collect it.
So you suggest I write him again?

Write him a note sayng that since he did not comply with your request under FDCPA either by providing the info required or responding within the allotted time frame, he has, therefore, relinquished his right to collect this debt and should cease all contact with you.

Really... That would work?
I will try that. But what do I do if he still pursues legal action by getting a judgement hearing?
By the way, thanks a lot for all the help.

Then you respond with a Notice of Intent to Defend and you go to court with your documentation and request that the judge dismiss it.

Scott, the credit Bureau called me, and wanted me to make payment arrangements. I agreed to pay all but 1 account that I disputed. I offered payments of $50 per month on a $1600 balance. They won't accept that. They want $150 or they said they will continue to get a judgement and a wage garnishment. A garnishment would mean a lot more than $150 per month, I don't want that, but $50 per month is all I can swing with my house and car payments. Do they have the right to demand more than I am willing to pay each month? I already mailed the first check of $50.

Yes they can demand the whole balance. You may have made a big mistake but sending them a payment. Especially from your checking account. I thought you were going to fight it?

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.
That's 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 that's not acceptable to them.
So, I have to agree to the $150 to prevent a judgement then?
Thanks.

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.

All right thanks. I'll make the payments, won't take too long to pay it off. I appreciate the advice.