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Found 48 results

  1. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  2. Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsuits show on credit reports? As I don't see it or anything under collections on my reports. 2) is this place legit? 3) now that there is a judgment against me, I need to handle this. Which honestly. I do want to as it was a debt I accrued at the time. But the amount of money is still a lot for me. Is this amount negotiable you think? I want to handle this personally and not wait to see what happens and next thing I know my accounts are drained and paycheck garnished.
  3. It's been about two weeks. I know they got the summons. They have yet to contact me and our court date is going to be in two weeks. The amount in question is less than $1000. My hope is a settlement featuring a deletion + payment for an FDCPA violation in exchange for dismissal with prejudice. Has anyone dealt with PRA in the past? How open are they to settlements?
  4. I’m settling a debt with a Bank. The lawyers for the bank state the Bank will agree to request with the CRAs to delete my trade line in exchange for me dropping a federal suit I have against the bank. However they say they are not guaranteeing the CRAs will delete the trade line when requested. Is this BS? Under FCRA for a consumer account aren’t the CRAs required to delete the account if the Bank requests so?
  5. Hi All, So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). What I'd really like to do is avoid having to take off from work and going to court. With that being said should I? A. Contact the creditor in writing with the proof of my paid debt? B. Go to court to formally vacate the judgment and fight it? Thanks in advance!
  6. Hello All, I'm an attorney in California and am looking for a little insight from you all. I am helping my uncle deal with a collections lawsuit and have a very specific question. We have filed an answer and served a bill of particulars on the plaintiff. Is it wise to send a follow-up letter asking inquiring about a settlement? If so, when? Anything that must be included/excluded from the letter? All advice is greatly appreciated. @calawyer @sadinca Regards, Sevanski
  7. Back in May I went to my hearing and met with a lawyer from Hunt & Henriques and agreed upon a settlement out in the hall, before the hearing began. I've made the first two payments and now I just received in the mail a NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL, POINTS AND AUTHORITIES IN SUPPORT OF MOTION, Below is the case summary: Histories (Dates listed in descending order) 07/26/2017 NOTICE OF MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL , DECLARATION, AND POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED. RECEIPT # 11707xxxxxx . MATTER SET FOR HEARING ON 09/21/17 AT 08:30A M, IN DEPT. F43 . 07/12/2017 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 07/11/2017 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 06/28/2017 CASE FILE FORWARDED TO JUDGES CHAMBERS RE: 07/11/17 CALENDAR 06/09/2017 NOTICE OF CONDITIONAL SETTLEMENT FILED BY (CAPITAL ONE BANK USA N.A.) . 05/15/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F43 , HON. RICK BROWN, JUDGE PRESIDING FOR COURT TRIAL. PLAINTIFF APPEARING BY ANTHONY DIPIERO, ESQ. DEFENDANT APPEARING IN PRO PER . SETTLEMENT REACHED. COURT TRIAL ORDERED OFF CALENDAR. MATTER SET FOR ORDER TO SHOW CAUSE HEARING ON 07/11/17 AT 08:30A M, IN DEPT. F43 . In the notice it states "...This dismissal was for failure to appear at the OSC. Plaintiff's counsel did not appear at the OSC because of a calendaring error." Did they screw up? Did I screw up? Did we both screw up??? Do I need to now go back to court AGAIN on Sept 21st? What would the suggested course of action be for me? Any advice is appreciated.
  8. Being sued in Oregon. (awaiting arbitration) Want to write a settlement letter to their hired attorney. I have no bank accounts, job (I lost my job because of medical issues), or possessions of value. A family member is will to give me money (about 20% to 50% of the claimed debt) to have this matter settled, but I don't know how to write this to a lawyer. Any tips would be appreciated. Thanks.
  9. Received 2 letters for 2 different Chase accounts that are a year past Charge Off offering a settlement. Their exact verbage... "We want to work with you to resolve your deliquent account, so we'd like to offer you a settlement. Your current account balance is $3200, however we'll accept payment of $320 to settle the account and stop further collection activities. You'll save $2900. You can accept this offer until 4/1/17." The 2nd letter stated the same with the balance for that account and the respective offer of 10% of balance to settle. Does this mean they will not sue or sell the balance owed if I agree to their offer? I am very surprised at how low Chase of all people are willing to accept. Anyone been successsful in getting them to delete the account once settled? I've been contacted by several CA on these 2 accounts since defaulting on payment when we filed for divorce 2 years ago. My former husband ended up losing his job a year ago so alimony was greatly reduced. I am supplementing expenses by dipping into retirement. That's where I would get the settlement payments for these accounts. With little income and only my homesteaded home, I would file BK, but for a law in NV barring guardians filing BK. Guardianship of my special needs adult child is more important than BK protection to me.
  10. Hello all, I have a dire situation that I have created through my gambling addiction. I have gotten help with my addiction and am clean for 85 days now. I have stopped most of my payments since November of 2016 and have therefore been able to negotiate these terms in the past 2 weeks, please review and any feedback on the negotiated rates or amounts is appreciated. Here is a summary of my debt: Creditor Name Current Balance Monthly Payment Notes Disover Card $2,333.33 $42.00 - Negotiated a 5 year payment plan @ .99% at $42.00 per month (was $65.00 a Month @ 23.24%) Chase Card 0872 $2,640.41 $53.00 - Negotiated a 5 year payment plan @ 6.00% at $53.00 per month (was $56.00 a month @ 15.24%) Chase Card 6214 $3,006.80 $60.00 - Negotiated a 5 year payment plan @ 6.00% at $60.00 per month (was $69.00 a month @ 18.24%) Care Credit $3,500.00 $90.00 - 0% interest for 18 months Paypal Credit $3,500.00 $100.00 - 0% interest for 12 months CitiCard 0534 $7,214.54 $123.00 - Negotiated a 5 year payment plan @ 0.00% at $123.00 per month (was $176.00 a month @ 28.99%) CitiCard 1857 $8,305.54 $141.00 - Negotiated a 5 year payment plan @ 0.00% at $141.00 per month (was $192.00 a month @ 28.24%) Bremer Bank $8,110.83 $155.00 - Negotiated a 5 year payment plan @ 4.90% at $155.00 per month (was $190.00 a month @ 24.24%) OneMain Financial $8,984.48 $157.51 - Negotiated a 6 months payment plan @ 14.28% at $157.51 (was $314.89 a month @ 21.94%) Wells Fargo $13,042.56 $339.28 - No Option to negotiate - Car Blue Book Value is $9,670.00 Lending Club $16,779.00 $804.53 - I have a settlement off of $12,812.53 (I have declined this offer - account is 80 days past due) Prosper $17,050.84 $641.25 - I have accepted a settlement off of $641.25 per month for 12 months ($7,695.00) or approx 45% settlement. Bank of America $25,552.67 $539.14 - No Option to negotiate - Truck Blue Book Value is $18,560.00 SoFi $33,810.86 $604.56 - No Option to negotiate - Terms are 10.88% for 72 months Freedom Mortgage $189,114.01 $1,414.92 - No Option to negotiate - House appraised at approx. $210k Total: $342,945.87 $6,636.81
  11. Eight years ago, Advanta credit card debts were removed from my account after Advanta was dissolved by the FDIC. I still had a small business balance. A collection agency named Carson Smithfield sent me a letter last week saying that I was to pay them 20% of the amount due. Do they have an agreement with a defunct credit card company? I recently applied for a HELOC and Experian was consulted and they had a lot of inaccuracies on my credit report and I was denied. Now the dogs of Carson are on my tail. Any suggestions?
  12. I have been sued by one of my creditors, received summons, and I have retained legal counsel. The agency who owns the debt currently is willing to settle for $1500 less than what is owed. Quite frankly, I'm in a position where if I settle the account for what the agency is offering, I'm not saving much money after all legal fees and expenses, but the issue will be over and done with. If I litigate the case, is there a chance that the company will settle for a lesser amount, assuming they don't want to go to trial? If i decide to litigate, I will have to pay my lawyer $1,000 more, but I was also told that if this agency doesn't have there paperwork in order then there is a chance that I might not have to pay anything and it's possible the case could get dismissed. I guess my main question is that is it better to litigate the matter to potentially save more money, or just settle for slightly less than what is owed?
  13. Hello Everyone, I have (had) a business credit card with Wells Fargo a while back and always made my payments with them. Back in 2014 I was the victim of identity theft and in process of getting new accounts, monitoring credit, etc. I got really busy and got late on payments, but still made payments. Wells Fargo was very kind and decided to help me out by maximizing the APR and find new ways to add fees, etc. My due payment doubled. Since it was a business cc, they could apparently just do what they wanted. Talking to them didn't do anything and the hyenas kept on laughing, so I simply stopped making payments since I could not make them anyway and focused on fixing the harm to other accounts from identity theft. I didn't really hear from them that much, until lately, when they sent me a letter offering to settle for 20% of the debt ($25k debt reduced to $5K). It is very tempting. Any other time I would actually feel bad about not paying what I fully owe but I am unsure about what I should do to ensure that they do not report anything on my credit and don't find new creative ways to try to screw me again. I just want to be prepared so that I can put it behind and also not suffer further consequences. What should I do and get in writing when contacting them? How and how would I be able to negotiate a short payment plan? Are they willing to listen and work with me or are they simply all heartless and bloodless creatures aiming the earth in search of souls to torture? Thank you in advance for any tips and advices. Oliver
  14. I've been going back & forth with Wells Fargo and we are at a 35% settlement offer, has anyone experienced where if I offered to pay 100% of the debt that WFNNB would agree to a deletion of the entry similar to what I've heard has occurred with traditional collection agencies?
  15. I have two old accounts in collections. They both fall off my report in 2018. I have sent each creditor a (hopeful) pay for delete letter, with no luck at all. I have accepted that these collections will remain on my account until 2018. Account #1 is $200 and Account #2 is $283. 1) Is it even worth it to pay off these debts, or should I just let them fall off in 2018? I know it won't boost my score at all, but I assume it looks better if I have no open collections. If I do pay them off to have them listed as "closed or paid" collections, I would like to settle these old debts for a portion of the cost (starting negotiations with 25% of each debt, willing to pay up to 50% if necessary. ) 3) What the best way to do this is? Do I call and negotiate a settlement with the creditor and then get the agreement in writing? Or do I send a letter with a proposed settlement amount and see if they respond? Or should I send a debt validation letter first? 4) If I call to try and negotiate and they refuse to take anything other than the full amount, because I have made contact, does this restart the 7 year process of the collections coming off of my account? 5) Is there any advice about getting these collections (once paid, ideally only partially, but worst-case paid in full) removed from my report at all, or since the pay for delete didn't work, am I stuck with these until 2018? 6)If I request a goodwill adjustment due to extenuating circumstances, am I able to negotiate that while only paying part of the original amount, or if I want to attempt to remove this collection entirely, should I anticipate paying the full amount owed. Thank you for any help, advice, or experiences!
  16. I went through this credit repair journey with success, mostly thanks to this board. I bought a home a year and a half ago! Last month, a new collection appeared on my credit report. My former landlord kept my deposit of $950, charged me another $1600 for damages, and sent me to collections. I didn't get notice of the debt, from either the landlord or the collection agency. The landlord may have sent me certified mail, but when I bought the home, I wasn't living there and never picked up the letter from the post office (my bad). So the landlord's charges are bogus. I can't definitely prove it, but I CAN prove she is charging me for at least some damage from the previous tenants. She offered to lower the charges by $300, making it $1300. While I could pay, I don't feel like I owe this. So.....I want this off my credit. I am willing to pay her 40percent just to get this off my report, even though it is bogus. I believe if we went to court, it could go either way, depending on who the judge believes (but no way it would go completely in her favor, I could probably argue/present evidence to make a LOT go away.) Please help me consider options: 1. Pay the collection, sue the landlord (that way, she couldn't countersue me and make me end up with a judgement). 2. Send her a pay-for-delete (or pulling back from collections). I would offer to pay 40 percent in order to have her pull this from collections and make it go away. She said that if anything is collected, she only gets 40 percent anyway. 3. ??? I'm leaning for option 2 and haven't been able to find a sample letter that fits. Please help!
  17. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w/ garnishment, or how long it would take to go into effect. I'm guessing I'll have to bite the bullet on this one and pay the 50 bucks, knowing that Capital One won't remove it from my credit report and it likely won't do any good. My thought is that it would at least be less than a garnishment. Anyone have any suggestions? The supporting docs were a statement and the card agreement. I saw a lengthy answer from another board member that i have considered filing, which essentially says there isn't enough evidence, signature on contracts, record of amounts, etc. I don't know if that's a good way to go, but i'm already late filing, anyway. I just want to be sure I take the best approach. I am trying to avoid bk, and all of the other debts I've got are being handled by jdb firms (except one other Cap One account). Discover already dropped their suit because of the MTC arbitration, so I am hoping that will work with the other creditors. My debts are generally under 2K (2014 was a horrible year and I just couldn't afford minimum pmts anymore, and credit rating was so low anyway bc I was maxed out). Anyway, I feel like I keep coming here and bugging the crap out of you guys, but it seems like all kinds of new stuff keeps coming up that throws a wrench into my plans, so if anyone could take just a moment to let me know whether I should just start making payments, that would be really helpful. Thanks again for all your help
  18. Anyone have any tips on post judgment settlement with PRA? I have a default judgment that I am trying to settle and looking for advice.
  19. Hello, First off, thanks for checking out my post. I am being sued by Patenaude & Felix for a National Collegiate Loan. This is the first of two loans they have on me, so I suspect the second one is coming. So far, they have filed the suit on the first loan, but I have not been served yet. The suit is in California. My co-signer is being sued along with me. I qualify for the court fee waiver, but the co-signer does not. Can I singlehandedly file answers, motions, etc. or do both parties have to (so that the co-signer would have to pay filing fees)? A local attorney thinks we can settle for $0.50 on the $1 and spread out the payments for possibly 20 years (best case scenario). That would be great, but I don’t know if I will be able to hire them (do not have the fees). Could I get a settlement like that by myself or is a deal like that usually only available when you use an attorney (maybe they fear the attorney or maybe the attorney has settlement prowess that I don’t)? Should I try and call and see if I can get a settlement offer or would that be detrimental for my situation? Any help would be beneficial and thanks again.
  20. I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it myself, but maybe these things are not filed or something. Maybe only the notice of settlement is filed. My second question relates to the fact that I have been in negotiations on a second case with the same JBD but a different attorney. I used the first agreement as a guide and we have agreed to a reduced amount and payment schedule as a conditional settlement, but they are insisting I also sign a stipulated judgment for the full amount, which will be "held in trust" and not filed as long as I make payments as agreed. I have refused since the same JDB accepted the other settlement without that requirement and I don't want an actual judgment out there, filed or not. When the second attorney claimed the JDB would not agree "to something like that", I told them that I knew for a fact they had and sent them a redacted copy of the conditional settlement agreement without telling them it was my case. The lawyer responded that he wants a non-redacted copy. Question 2) Is there a downside to this? As I mentioned above, the first settlement agreement resolved the other case but has not been been filed, so I would just be showing them a fully executed copy. The second lawyer already filed a Notice of Conditional Settlement, which put the second case off calendar, which leads to my last question: Question 3) If the negotiations fall apart, how quickly will they be able to get back on the active calendar? We were already 20 days from trial and had exchanged discovery. Thanks in advance for any expertise/advice in this matter.
  21. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  22. I'm not sure where to turn, but I don't want to ask family/friends as I'm worried how I will look in their eyes. Seems I had too much of "keeping up with the Jones'" and now I am in debt up to my ears. My problem isn't that I can't pay my debt back, I am not even late and I pay on time every month. My problem is that it is now TOO MUCH in the fact that my whole paycheck goes to debt and I don't have any left over in the end for groceries for me and my 3 small children. I'm forced with 3 options, and I don't know which is better.. 1. Get help from a debt settlement company.2. File bankruptcy, if I fit into the guidelines.3. Contact all companies and request a reduced settlement. If that doesn't work, stop paying these debts, wait until collection agencies buy them. At that time, validate the debt and ask for settlements per confirmation. I'll be honest with you.. all 3 of these options scare the hell outta me as I'm a person who always pays her bills on the 1st, even if they aren't due until the 25th. I currently owe a total of about $19,720.80 to 20 different companies. Can you please give me some advice?? I don't know where to turn!! Thanks! Erin Nickel
  23. - Hello, I'm new to this forum but I'm very impressed how helpful everyone is. I'm hoping I can get some advice from some of the experts here. As a real estate agent, I ran into trouble in 2008-2009 and had to give up paying on some credit cards to take care of other family needs. One of those credit cards, a Disover Card, got a summary judgment against me on 7/6/11 for the principal of $9165.78 as well as the filing fee of $230, the service of process for $79.50, the ex-parte of $30 and the attorney's fee of $500 for a total of $10,005.28 and interest accrueing at 12% per annum. They were represented by Krista L. White and Associates in Snohomish County, WA. Though I was served papers, I was ignorant to the process and didn't attend the hearing. In 2010, they totally cleaned out our main bank account of nearly $1000 which I believe is illegal. I don't think they can take everything out of your bank account. Then, last year they tried to garnish my wages, which they did for a month, before my employer figured out the can't garnish wages for independant contractors. Now, they've put a judgment lien on a rental property that I own and would like to refinance. The lender won't refinance the property with the lien on it. I would also like to buy a home in the next couple years, and I don't think I'll be able to with the judgment. A couple months ago, I received a letter from Suttell, Hammer, & White in Bellevue, WA saying that Discover Bank has now retained their firm to collect the debt owed. So, is Discover Card still involved or do the attorneys now call all the shots? My question is, would Suttell, Hammer, and White ever consider a settlement offer in a case like this or will they always hold out for the full amount? I also have MCM coming after me for a $22,500 Juniper credit card debt where they're offering me 70% off if I pay that amount right away. Just from reading the forums, I don't think I'll go for that at this point. Thank you in advance.
  24. Hello all, I had medications on May 2014 and it was supposed to be covered by workers compensation as sprained my ankle at work. I also had my personal health insurance on file. After receiving medications, i had to move out from the address (was in that address until August 2014 - not received a single bill or notification about anything). On April 24 2015, i ran a credit report check and found that there is a collection account for an $xxx amount which was initially reported in Feb 2015. So i called in the CA to get the break-up of the bill & they said the medical debt has been assigned to them from the OC and they don't have any bills or statements. So i called in the OC and they were aware of what happened, saying that the bills returned to them saying undeliverable and that's the reason they turned it to CA after 6 months. I told, the workers comp insurer should have paid, apparently i did not know any of these cuz i changed the address and the claim results, bills were all sent to my old address. Anyways, i called the respective accounting/billing person of the OC, questioned her if the debt has been assigned or sold to CA, she said assigned, then explained what happened and willing to resolve it sooner by paying the debt in full & in-turn want the collection listing on my credit report to be removed. She accepted immediately and said "i will inform the CA to put a hold onto this account and will tell them not to call or disturb you on this." I said, ty, please send the agreement to me in mail and gave her my current address and i can . She told, "it won't be like an agreement or sorta like that". I was like, but i want the listing to be removed, anyways, mail me the document first then. *What kind of document should i expect.? like an agreement or contract or just a document.? *should i call her and record the conversation (informing her prior). I live in KS state by the way. Not sure if i can and will it work? *I will update the document once i receive it from them. Nothing has been finalized in writing, guide me if you have a better way, please put in your inputs which will be really effective for me to handle this situation. Thank you all for your time.
  25. We are residents of Orlando, FL and need help with medical debt for lab test. In summary - the test was performed in Nov 2012, and the insurer had pre-approved this out-of-network lab as in-network - the insurer and lab went back and forth over the bill and are still going back and forth over the bill, now with my employer’s HR involved - we never received a bill from the lab, despite us updating our address with them and USPS with our new address - On March 17, 2015, we received notice (dated March 10) from a collection agency for a $19K debt that includes $2600 of interest - The lab claims they cannot take it back from the collections agency - Lab has not responded to a request for the debt amount; instead, they sent a patient ledger dated Apr 8, 2015 that shows patient responsibility of zero for every test; note, they do not have a phone My questions: - Other than a request for debt verification to the collection agency, what should I do? - Who do I negotiate with, the lab or the collection agency? - Does the fact the insurer is still working on it (based on contacting the employer again) have any relevance? - Is there a risk they could damage my credit score? Details: On March 17, we received a letter from a collection agency, claiming medical debt of $ 19k, that is inclusive of an interest amount of $2,600. The lab is located in Atlanta, GA. We received their services (a series of lab tests) for our son in November 2012. I have a family health insurance plan that is self insured by my employer, which is a large corporation, and administered by a TPA insurance company. Although the lab was originally out-of-network for the insurance company, we managed to obtain pre-approval for these services to be given with in-network benefits. In fact, the lab only agreed to perform those lab tests that were preapproved. We were expecting to pay nothing more than any applicable copay, coinsurance, etc. The insurance company denied many of the claims from the lab. The lab ended up filing a large number of appeals to the insurance company, but the claims remained largely denied. In January 2015, the lab turned the account over to the collection agency. The collection agency made their first communication to us on March 17. Pertinently, the lab seems to have turned the account over to the collection agency without sending us any billing statement that indicated that we owed them the sum of money that the collection agency alleged. After getting the letter from the collection agency, we promptly wrote them back, disputing the debt, mentioning that no statement was sent to us, and asking the collection agency to validate the debt by providing relevant documents. We are still awaiting the validation documents from the collection agency. Then we contacted the lab by mail and email (they don’t accept phone calls), basically asking that we resolve the issue with them directly and not the collection agency. In reply, the lab alleged that they sent it to our address. We have a hard time believing that because we moved to a new address in June 2013 but updated both the lab with our new address and USPS. Furthermore, despite communicating them with E-mail frequently, they never replied that way (granted, billing is often handled by a third party company) or called us. The lab also mentioned that they cannot retract the account from the collection agency but can request them to not report my credit account as we work on resolving the issue. Pertinently, the lab did not send us a statement indicating the debt amount even as we emailed them with a request to send it to us. Instead, they sent us an itemized patient ledger dated April 8, 2015 showing every lab test that was done, along with the cost, amount paid by insurance and patient responsibility. Interestingly, the patient ledger shows zero amount in the patient responsibility field for each of the test and does not indicate any overall patient responsibility. In short, the patient ledger does not validate the debt amount being claimed. At this time, we are unable to decide in which direction to pursue the matter. What options do we have now? The collection agency has not reported to the credit bureau yet. I am willing to make a settlement for a fraction of the original debt, say up to 30% (give or take), with the collection agency. However, should I hold off because the debt may not be theres. Or should I negotiate with the lab? My fear is they already turned if over to the collection agency. And what if the insurance company does pay off the provider? I would appreciate any help