Clydesmom

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Clydesmom last won the day on November 23

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About Clydesmom

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    Nevada via Michigan via Georgia

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  1. It is extinct like common sense. I fell victim to job loss at the start of the recession when the large medical practice I worded for went under. I had enough savings to survive for a year with unemployment benefits but it still meant not paying the credit cards and a few other bills that reported. I lived with the hit to my credit and when re-employed cleaned up my credit including several successful pay for deletions. I made my choices in defaulting and I lived with the consequences. I was fortunate to avoid lawsuits. While there is a percentage of consumers who get blind sided by medical bills or disability the reality is the majority of credit card suits stem from too many people living a lifestyle on credit and beyond their means at that. The debt buying industry would NOT exist if it were not for a large enough percentage of consumers defaulting to start with. Consumers created the need for JDBs not the creditors. If the creditors tightened up the requirements to eliminate the need for the JDB industry the reality is that few consumers would qualify for credit.
  2. If there is a high chance this is identity theft I would be heading for the nearest Consumer Attorney to get a free consult. What this person is counting on is neither you nor your son wanting to cause family strife or feeling guilty and not throwing them under the legal bus. Identity theft is an iron clad defense to the suit. If his identity really was used by this family member they are counting on you not wanting to rock the boat and simply paying it. The problem with doing this is they get away with it and your son lives with messed up credit for 7 years. AND is out the money for settling or paying a judgment.
  3. Clydesmom

    Do we do Cease and Desist?

    When the call comes in the relative must get an address to send a cease and desist to. You cannot do it for them. I still do not believe this is Midland. They don't do stuff like this. Block the number(s) and it will stop.
  4. Clydesmom

    DOFD

    They are not required to report to ALL bureaus. While the major creditors have no problem with the financial costs of "joining" a bureau to be able to report (yes creditors pay for the privilege of reporting on and pulling credit reports) some smaller creditors can only afford one or two and choose the most active bureau in their region and only report to them.
  5. Clydesmom

    Sent in debt validation letter. Here is what I got back.

    They keep sending you stuff because you haven't told them to stop contacting you yet. You do not need a fancy letter. A simple: "Dear PRA: I refuse to pay this debt. Do not contact me again regarding this matter." Signed: Consumer. No. If there is a clear solid violation of the law(s) a good consumer attorney will take it on contingency meaning they get paid out of the award. You would only need an attorney if PRA ignores the cease and desist. I have dealt with them myself and I can assure you that the chances they continue to try and collect after a cease and desist are slim to none. Just send the letter and stop worrying about it.
  6. Clydesmom

    Sent in debt validation letter. Here is what I got back.

    That letter does comply with that section. It clearly states that as part of the sale and transfer the business documents associated with the account were transferred the PRA the buyer. It does not matter what you asked for in DV ALL they are required to provide are the name of the OC and amount you owe. They are not required to prove anything. If you used a DV letter cut and pasted from the internet (or this site) odds are high it is riddled with errors and a laundry list of things that are not required under the FDCPA or state law. If this debt really is beyond the SOL for suit then the only letter necessary was a cease and desist. No need to DV if they can only send a letter saying pretty please pay us instead of going to court.
  7. Clydesmom

    Midland lawsuit HELP!

    They walked away. Midland is 0-3 against you. Because Midland dismissed the suit. Once they dismiss they are no longer subject to the order to arbitrate. I understand that but you don't really have a choice. Under OH law they can do exactly what they did and do not need your consent to do it. Have faith though. To date I don't believe there is a case of a JDB dismissing without prejudice after being ordered to arbitrate and then re-filing. Keep a copy of the order and should you become the first you can raise that issue as a defense and force their hand again. Move on with life. Nothing else to do but celebrate the win.
  8. Clydesmom

    Arbitration w/ Amex (yet another...)

    So do it. DO NOT split hairs over who should initiate. File the case in arbitration and get it started. You can sort out if they are actually required to pay the fees next. Keep in mind that the more you antagonize them the worse your settlement options get. You will not win this in arbitration. It is why AMEX is not afraid to go there. With an OC the goal is a good settlement. The more ticked off AMEX gets the harder they will fight.
  9. To date there is no case law that we know of establishing that filing a lawsuit against a consumer after they merely stated they wanted to arbitrate is a violation of the FDCPA. Even if it was it won't slow AMEX down. They will simply leave you to pursue the law firm on your own and hire another one to pursue their claim against you. They will not settle quickly unless the number is right. There will be a couple of windows for you to settle and if you don't they will go all the way with this.
  10. Clydesmom

    Do I still have time set up payment before I'm sued?

    Good grief I am dating myself now but remember when you could legally absolve yourself of debts for a roommate or ex spouse by publishing a classified ad stating "I [consumer] will not be responsible for any debts other than my own as of this date." and it could stick? You used to see those a lot too.
  11. Clydesmom

    Huge medical debt question (1st time poster)

    Yes, under EMTALA the ER would have to triage the patient and stabilize prior to transfer or discharge. However, after care or non life threatening treatments can be denied for outstanding debts. We had a family that were verified living at the poverty level and definitely had no insurance. They had received the maximum amount of charity care the hospital could portion to them for the calendar year and the budget. When a child needed a non-emergency elective test and they could not pay the hospital denied the care. Several community groups desperately tried to get the facility to waive the charges and the hospital drew a line in the sand and did not budge. There is a limit to what providers and facilities will do and defaulting on $100k in care while keeping $70k in insurance proceeds designated for the provider would push them that far that fast. For the benefit of anyone who may come across this thread and has had difficulty understanding their deductibles and out of pocket and how they work together. You would be surprised at how many people know they have coverage but are unaware of how it works and how to best use it to their benefit.
  12. Clydesmom

    Huge medical debt question (1st time poster)

    For those who may be simply following along there is a difference between the out of pocket maximum and the deductible. Each insurance plan has both. Once a patient reaches the deductible then the plan pays according to the contracted percentage which is typically 20% is the out of pocket portion for the procedure/care. The out of pocket maximum is usually a couple thousand more than the deductible. So if the deductible is $5,000 for the year then the out of pocket maximum is usually around $7500. So once the insured/family spends $7500 out of their pocket on all combined services for the entire calendar year then care is covered at 100%. The OP's situation was complicated as @WhoCares1000 said because the care for the one illness was split between 2 facilities and multiple providers several of which were out of network. Out of network care always carries a higher deductible and out of pocket maximum. It could be worse than that. Providers can and DO blacklist patients. They may find themselves completely unable to get care without paying up front first.
  13. Case law, planned arguments, what ever it takes. For a debt that much I would not go down without swinging. I am not saying it will work but waiting until the motion is ruled to try and decide what to do next is lethal.
  14. One other thought: you might want to get a free consult with a Consumer Attorney. These particular lawyers really are bottom of the barrel and frequently make FDCPA violations. A quick free consult might uncover one or two making it worth it for the consumer attorney to take the case for free with making it not only go away but getting you a little money in the process. Skaar and Feagle is a great Atlanta firm but they work other counties. CALL. DO NOT email as those mail boxes are often never checked.
  15. Clydesmom

    Huge medical debt question (1st time poster)

    I would be REALLY careful making a claim of slander considering in just this thread alone you said this about me KNOWING it isn't true and you keep putting it out there: "The resident medical collector like to twist this up to try to force people to pay their medical debts rather than settle for less." This has NEVER been true and you know it. If I were to sue you for slander, defamation of character and libel my 35 year DOCUMENTED employment history proves you wrong. I have NEVER worked in collections for ANY industry. However your claims of how many creditors you have skipped out on paying in your signature proves my deadbeat assessment accurate. Truth is a defense to slander.