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    MoonlitBeauty's Avatar
    MoonlitBeauty Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 6, 2008, 12:35 PM
    Legally, can the collection agency do this?
    My husband was sent a notice from a collection agency on the 11th of September about a total amount of $282.07 from an outstanding dental debt plus an amount of $35.24 in interest from the collection agency being due. I called them (the collection agency) to pay the full amount of $317.31 on Dec 2nd and they stated that the account had been turned over to the courts and now there are $257.91 in legal fees due, making the beginning amount of $282.07 turn into a whopping $577.91. They asked if we had been served yet and we haven't. Can they turn us into the courts without any notification being sent to us stating that that was their next move? The only thing we have from this agency is the bill that shows the amount of $317.31. I asked them if they would be willing to take the $317.31, being that was the dental amount plus their interest and they said no, that the full amount needed to be paid and it is "out of their hands", since there are now lawyer fees due because they turned it over to the courts. I paid them $320.00 (rounded the $317.31 up) and told them I would get back to them. They said multiple times that we will be being served and then we will have 20 days to pay the remaining amount. I don't believe them and think they are just using scare tactics to try and get money. They kept saying if we don't pay in the full amount that his pay will be garnished with a possible lien on anything we might have. Again, we have never received any paperwork from them stating that we were turned into the courts. Can they turn us in now, if they haven't before, even though I paid them $320.00 on the 2nd of December? What do I need to do?? Please help! I'm very frustrated with all of this! Thank you for your time!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Dec 6, 2008, 12:45 PM
    Quote Originally Posted by MoonlitBeauty View Post
    My husband was sent a notice from a collection agency on the 11th of September about a total amount of $282.07 from an outstanding dental debt plus an amount of $35.24 in interest from the collection agency being due. I called them (the collection agency) to pay the full amount of $317.31 on Dec 2nd and they stated that the account had been turned over to the courts and now there are $257.91 in legal fees due, making the beginning amount of $282.07 turn into a whopping $577.91. They asked if we had been served yet and we haven't. Can they turn us into the courts without any notification being sent to us stating that that was their next move? The only thing we have from this agency is the bill that shows the amount of $317.31. I asked them if they would be willing to take the $317.31, being that was the dental amount plus their interest and they said no, that the full amount needed to be paid and it is "out of their hands", since there are now lawyer fees due because they turned it over to the courts. I paid them $320.00 (rounded the $317.31 up) and told them I would get back to them. They said multiple times that we will be being served and then we will have 20 days to pay the remaining amount. I don't believe them and think they are just using scare tactics to try and get money. They kept saying if we don't pay in the full amount that his pay will be garnished with a possible lien on anything we might have. Again, we have never received any paperwork from them stating that we were turned into the courts. Can they turn us in now, if they haven't before, even though I paid them $320.00 on the 2nd of December? What do I need to do??? Please help! I'm very frustrated with all of this! Thank you for your time!


    Yes, they can turn it over to collection at any time. They notified you in early September and never heard until (I think) recently so, yes, they probably thought they weren't going to hear from you.

    If they have incurred legal fees and expenses they don't want to pay them and want you to pay them. "If" is the operative word here.

    Will they sue you? No way to know. I WOULD tell them not to call you any more and hang up. Then they can either serve you or not serve not. It's up to them. I don't see the point - and I own a process service company - of calling people and saying, basically, "The server is on the way," but that's just me.

    Can they threaten you? No. If they get a Judgment can they file liens or freeze bank accounts, yes.

    I'd keep an eye on your credit report, one way or the other, to see if this shows up as an unpaid debt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 6, 2008, 03:27 PM

    You were sent a bill, what other notification did you want, You were sent a bill did not pay for a couple months, so yes, a lot of medical providers will send it straight to court after that.

    And if they actually go to court, there will be more charges, additional legal fees, So if you don't pay it before you appear in court, you can expect several hundred dollars more in bills.

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