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geckonewyork · Jun 3, 2009, 11:53 AM

I'll try to be thorough..

I received a summons from a debt collector stating I owed a $2,200 from a 4 year old hospital bill that I didn't know I owed.. back in April 2005 I was sent a bill for what the insurance didn't cover and it was paid.. I have a money order stub with an odd amount ($165.50) and I'd written paid in full on it.. after this, no other communication for the hospital was ever sent.. I'd even been back to the hospital for other non related issues, and was seen and sent a bill that was also paid.. my point it, if there was a balance or outstanding bill, wouldn't they have brought that up then?

So, after I was hand delivered the summons on May 20, 2009, I sent them a letter stating that I didn't owe this bill and would like to see proof of this debt and also to not contact me again.. that was 14 days ago..

Today in the mail I get another letter from them saying "that upon failure to serve an answer to the complaint, a judgment will be entered against you by default"

Did they break the 'fair trade debt' by contacting me again?
Do I respond to them?

If they file a judgment, will there still be a court case? Because I was reading your other threads and I'm thinking that if they judge against me, by default, they may just start garnishes wages..

I'm really at a loss as to where to go from here.. I live in New York..

this8384 · Jun 4, 2009, 10:30 AM

How much was the original bill? You stated that you paid $165.50 and wrote "paid in full" but was that actually the full amount of the bill? Just writing that on the money order doesn't release you from your liability to pay the rest of the invoice.

Send them a certified letter demanding proof of debt; mailing the letter certified will require someone to sign for it and you have proof they received your request.

The only way a default judgment will be entered is if you do not show up for a scheduled court hearing. The collector will have to file in court and have you served with papers. You can then show up in court and argue that the bill was paid - if, in fact, it was. Bring along your receipt(s) as proof.

geckonewyork · Jun 4, 2009, 11:21 AM

Thank you for your quick response.. I was worried they could file a judgement against me without a court date..

I will re-send the letter certified

And
Any bills I had from them I had paid.. as far as I knew then, the 165.50 was what was remaining, and it was paid in full.. they never sent me any other bills after that.. so this $2000 plus bill has me baffled.. if I honestly owe this, this is the first I've heard about it in 4 years..

Thanks again

this8384 · Jun 4, 2009, 11:38 AM

No problem. Send them the certified letter and let us know what happens! :)

geckonewyork · Jun 5, 2009, 10:56 AM

Did they violate the 'fair debt collection practice" ?

[Failure to cease communication upon request: communicating with consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further communication or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted]

this8384 · Jun 5, 2009, 11:13 AM

No. Unless you specifically told them not to contact you or that you are not going to repay the debt, they can call you and send you letters.

geckonewyork · Jun 5, 2009, 12:37 PM

In my short letter to them, I stated I did not owe this debt and to not contact me without proof of this debt.. i.e. - the original bills..

So I will resend this letter, sending it certified and see what happens..

this8384 · Jun 5, 2009, 12:40 PM

Originally Posted by geckonewyork

in my short letter to them, i stated i did not owe this debt and to not contact me without proof of this debt.. i.e. - the original bills..

so i will resend this letter, sending it certified and see what happens..

I suppose it all depends on how you worded it. If you said "I already paid this bill and do not owe for it" instead of "I am not going to pay this bill", it doesn't mean the same thing. Do you have a copy of the letter you sent stating that you did not owe?

Either way, definitely send a certified letter and take it from there.

geckonewyork · Jun 5, 2009, 12:49 PM

This is what I wrote in the first letter..

"i do not believe i owe this debt you are claiming. i have records to show that i had paid what was asked of me and no further contact was mailed to me. please DO NOT CONTACT me until you have proof of this debt. records of what i had paid and what supposedly is still owing"

And this is what I am thinking of sending them again.. this time certified

"i find your letters to be harassing after i specifically stated that i don't believe i owe this debt and to not contact me again until you have proof of this debt. i.e., the original bills.
i am also attaching a copy of the first letter i sent you"

And by the way, I really appreciate your feedback.. I wish I'd have asked before I even sent the first letter.. I really want to make sure I'm doing the right thing..
Thank you

this8384 · Jun 5, 2009, 01:38 PM

Not a problem; let us know how it turns out. That's one of the most frustrating things, is never knowing if our advice helped or not :)