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When the OC is the CA


CNJ
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I checked the licensing of my CA's and found that the OC and the CA are both 1 and the same. Under the listing the Twin Rivers Collection Agency is also Craven Regional Medical center (?) and both share the same license #. I suppose it must be legal but it seems a bit "odd" to me. This has been turned over to an attorneys office for collection who is not listed as a CA, shouldn't they be? They offered to "set up a payment plan" and clearly state they are attempting to collect a debt while giving me 15 days to dispute and are kind enough to offer me a chance to settle before filing court proceedings. (It's also out of the statute of limitations I believe)

edited for spelling :shock:

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You need to check your State's laws to answer your questions. As to the debt being passed SOL, this can give you an edge in settling, if it is definitely timebarred. You need to make sure. Check with your insurance company and get the date they cut check, then add at least 5 days. Look at your CR's to see what they say. If you have old statements, use the dates on them as to when the last payment was made. If you find the debt is timebarred, send the CA an offer of settlement for around $.25 on the dollar and inform them you are aware the debt is timebarred and they have no legal recourse to the debt, and, in some states, it is a violation to even attempt collection on a timebarred debt.

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Thanks for the answer.

Well I had no idea I owed this money, according to the CA the last activity was in 1999 which is 2 years outside of the statute of limitations in NC as I understand the law. I guess I should just get about sending them a validation letter, they gave me 15 days or they'll file legal action. I'm just trying to make sure I am doing things right. It's not that much anyway, had these folks actually tried to handle it properly I'd of likely just have paid it but I just got a threatening letter on the first round from them. I think they might be trying to collect all their old debts to clear the books or something. Had they properly filed insurance in the first place this would have been paid in full but they didn't.

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If it is outside the SoL then a simple letter to them stating such does two things: First, lets them know you are aware of the law and that their threat of suit is bogus; and, second, by using a name that implies the use of a third party debt collector they have lost their OC immunity to the FDCPA...so the threat to take an action that cannot be legally taken becomes a violation.

Nuf said

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Do as Methuss is saying. Be sure and include the verbiage that the debt is timebarred and they have no legal recourse to the debt. Your one reference is FDCPA 807(2)(a). Also include that in some states, it is a violation to even attempt collection of a timebarred debt. Since it is an Attorney, I would also include that the Attorney should have actual knowledge of this and that you are going to file a complaint with the State Bar.

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