Brian Phelps

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About Brian Phelps

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    California
  1. Thanks for everyone's input and ideas. I am not happy with the way the attorney has handled the collection amount. However, he did respond to my very direct email yesterday that mentioned his "fiduciary duty" as our attorney to pay these liens, which he directly negotiated on our behalf and paid out of the insurance proceeds, but did not complete. He replied that he had negotiated and paid what he understood to be all outstanding amounts and that the medical center had not responded with info about this bill. He offered to send me a verification letter I can use with the credit reporting agency to prove the bills were paid. As @WhoCares1000 and @fisthardcheese suggested, I'll be sending a letter to the credit reporting agency and then following up with the MOV letter. I hope that will do the trick. I won't waste time on contacting the collection agency.
  2. @WhoCares1000, thanks for the prompt reply. I did not receive a letter threatening to sue, only via a phone call. (I know, I should do everything in writing...) I have written a debt validation letter to the collection agency. I've previously sent an appeal to the credit reporting agency and asked that they remove the collection account without success. I received a reply from the attorney earlier today to my email, saying "This was not a bill that was disclosed to our firm previous to settlement especially given the fact we paid St. Josephs their lien. They have not explained it at anytime to you or our firm." Once I receive that letter, I'll file an appeal with the credit reporting agency as you suggest and send the attorney's letter with it. Maybe that will do the trick.
  3. My wife was seriously hurt in an accident on April 2010 in California. There were large medical expenses, most of which were paid by insurance, but significant portions were out of pocket. The owner of the vehicle at fault had the legal minimum insurance. When our own auto insurance would not pay the $500K limit on our policy, we engaged an attorney. They negotiated with the hospital and the insurer to get what we believed were all of the outstanding debts paid. The attorney paid the hospital out of the proceeds from the insurer. About 2 or 3 years later, we obtained a copy of our credit report and found a collection account in the amount of about $6,800 from a collection agency. We don't recall receiving a bill from the hospital for the outstanding amount. Nor were do we remember being notified by the Grant & Weber collection agency of a pending collection account. They just recorded us as in default and sent a derogatory report to the credit reporting agencies. The terms of limitation for collecting the account exceeds four years, but the derogatory notice of the collection account remains on our credit report. We paid the attorney 27% of the insurance settlement, an extremely generous amount considering the number of hours I estimate he actually put into the effort to collect from the insurance company. As our legal agent, he was responsible for paying all of the hospital bills from the insurer's proceeds, but did not. He told me last year last year to write Grant & Weber and tell them they could not collect the debt and to remove the collection account from our credit report. They refused and instead demanded I pay the amount due immediately and threatened to initiate court action. The attorney has gotten his share of the payout and is not helpful in resolving this left over debt. Can I require Grant & Weber to show proof that they attempted to collect the debt from us before they put us in default? (Does it matter?) Do we have any recourse for getting this collection account removed from our credit report? It's scheduled to remain on my wife's credit report through Sept 2017. Thanks, Brian