vmkiyer Posted October 23, 2004 Report Share Posted October 23, 2004 I owe about 20K to a hospital which is now with a collection agency. Actually it was for my relative who got sick and I signed the admission form assuming financial liability. I'm a foreign national and not very familiar with the legal system here. When I found your website I felt as if I had found Gold.My account is with CA and I hired a lawyer to negogiate. I will remain in the US for about 8 months and will have to return back since my contract ends then. The lawyer apparently discussed with the CA and they are offering 14K which I will not be able to pay. Intially( before I paid his fees) the lawyer said he would close the deal within 5-10 K but now threatens ( almost) that the CA can sue me. The CA had already sent a letter asking me to pay in full in 30 days, couple of months ago which is why I went to this lawyer. I now wonder whether the lawyer works for me or the collection agency.I live in a rented house, no property, zero savings with zero assests. Now here are my questions,1. The CA is in AZ and I live in PA but work in NJ. What SOL do I need to worry about ?2. The debt is more than 2 years old, if I leave the country and come back after 5 years would the debt be written off then ?3. I have fico score EU 790 and get several offers for CC daily. Why the CA has not reported my case to any of the Credit Agencies ?4. Can I try and talk to the original creditor while my lawyer is talking to the CA ?5. I'm willing to pay upto 8K to settle the debt before I leave. 6. Do lawyers strike deals with the CA if he/she makes me agree to a settlement offer ?I feel that I'm being left high and dry. Please help any response will be appreciated.Thanks, Link to comment Share on other sites More sharing options...
DocDon Posted October 23, 2004 Report Share Posted October 23, 2004 An attorney who is acting as a CA is a CA. Look at section 805 of the FDCPA - contacting you when they know you're being represented by an attorney is a no-no. The bully is now liable for damages under the FDCPA.If the criteria is true (the lawyer knows you're being represented), file a complaint against him/her with their State Bar Association (or in some states, their Grievance Commission), their state Attorney General, and the FTC. Link to comment Share on other sites More sharing options...
CRDTNogood Posted October 24, 2004 Report Share Posted October 24, 2004 I got the impression it was "her" attorney that she was speaking about. It sounds like she thinks her attorney worked for the CA too. Link to comment Share on other sites More sharing options...
DocDon Posted October 24, 2004 Report Share Posted October 24, 2004 My bad. I see that now. The CA can't sue you. The hospital has to through an attorney. If your attorney doesn't know that, it's time to find a new one. Link to comment Share on other sites More sharing options...
CRDTNogood Posted October 24, 2004 Report Share Posted October 24, 2004 The CA can sue in some states. In California a CA can sue on an ASSIGNED file. They just can't sue in Small Claims. Link to comment Share on other sites More sharing options...
vmkiyer Posted October 24, 2004 Author Report Share Posted October 24, 2004 Thanks for your qucik response.Can I talk directly to my original creditor for a settlement ? Will they even be willing to talk to me since now my case is with the CA ?Pl let me know.Thanks, Link to comment Share on other sites More sharing options...
DocDon Posted October 24, 2004 Report Share Posted October 24, 2004 The CA can sue in some states. In California a CA can sue on an ASSIGNED file. They just can't sue in Small Claims.That would mean the CA suing without legal counsel? Sounds like a dumb move on their part. If the CA has a team of lawyers on hand to sue, they're not really a CA, but a law firm acting as a CA. Does that make sense, or am I way off? Cali laws are in a class all themselves. Link to comment Share on other sites More sharing options...
CRDTNogood Posted October 24, 2004 Report Share Posted October 24, 2004 I wouldn't say a team of lawyers. They do get one or two and they due file suit on plenty of people.For example, Credit Bureau Associates of Fairfield is one such outfit. (Yes they are a CRA also, I already worked that angle).I had a car with a Credit Union that was late and then it got stolen. Well I thought it got repoed. NOPE, straight up stolen. I only had liability on it. Bad thing. Well they sued me and got a default judgment. I never was served. I never got the judgment papers either. Well in my C7 BK, my attny included them in it. It was the CA that sued me on behalf of the Credit Union. They sued for less than 5,000.00 but included that the venue was proper because it was an assigned case. I'm still trying to determine since I was never served and the process service LIED about who they left it with id SEWER SERVICE, if I had grounds to vacate and get it vacated, what are the chaces that they would fight it again? Would I now be responsible for the debt if we fought and they won? Or would it be included in the discharge of the BK again?My experience in California, is that each CA has an attorney. At least one. They often work in the same office or a suite within the same building. The letters always come from the CA, and then the Summons comes from the firm representing the CA.They don't sue pro se, they always have counsel. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 24, 2004 Report Share Posted October 24, 2004 Why not have your lawyer call the hospital. There is nothing worng with him going direct, and you are paying him. If he won't/doesn't, do it yourself. You may be able to cut a deal yourself. If you live in PA, the SOL for PA will control. If you don't pay it and leave the country, they could dtill sue you , using the addresses that exist on your CR, and you could end up with a default judgment. Not to say you couldn't have it vacated, but be aware it could happen if you ignore it but intend to come back here. Does teh lawyer know you have 8K to spend on this? He should. Tell him it is obvous the CA is blowing smoke, go to the OC. What about your relative. Id there any insurance, Medicaid, Medicare that could/should pay part of this bill. Are they going after the relative? These are all things that need to be argued. Link to comment Share on other sites More sharing options...
vmkiyer Posted November 12, 2004 Author Report Share Posted November 12, 2004 My collection is agency is insisting on nothing less than 14K for the debt I owe ( around 20). I told them that I can give them 8 K one time since I'm leaving the country for good thru my lawyer. They are not willing to accept it. Can I talk to the hospital directly ? Would they agree for a lesser amount ?Let me know. Link to comment Share on other sites More sharing options...
DocDon Posted November 12, 2004 Report Share Posted November 12, 2004 They're not accepting you leaving the country? They can't stop that. The DOLA still applies. If you're leaving, leave. Tough beans for them. How could your attorney not know that? (just asking) Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 12, 2004 Report Share Posted November 12, 2004 Sounds like your lawyer is being half-hearted.Go to teh OC directly. Link to comment Share on other sites More sharing options...
DocPC Posted November 15, 2004 Report Share Posted November 15, 2004 Why don't you make your relative pay the bill? Link to comment Share on other sites More sharing options...
Recommended Posts