Fighting CBCS on paid and Unpaid Medical Bills

[Mark4124]

Heres my thinking...

For paid accounts... request for general records verification. If no response or inadequate response is forthcoming within 30 days, send an intent to sue, if still no further response is forthcoming, file in small claims for $1000 in damages for unsubstantiated reporting which is a violation of FCRA.

For unpaid accounts, start with a debt verification, if nothing is forthcoming take the same path as previously mentioned. If proper verification is forthcoming start a negotiated settlement process thru certified mail.

Sound reasonable? If this course is followed would I risk getting counter sued for frivolous lawsuit? Do they usually fold on ITS or fold after filling?

[qtptute]

Heres my thinking...

For paid accounts... request for general records verification. If no response or inadequate response is forthcoming within 30 days, send an intent to sue, if still no further response is forthcoming, file in small claims for $1000 in damages for unsubstantiated reporting which is a violation of FCRA.

For unpaid accounts, start with a debt verification, if nothing is forthcoming take the same path as previously mentioned. If proper verification is forthcoming start a negotiated settlement process thru certified mail.

Sound reasonable? If this course is followed would I risk getting counter sued for frivolous lawsuit? Do they usually fold on ITS or fold after filling?

For all accts:

a) you requested validation and

TL'd on your CR and not marked as disputed 60 days after dispute

equals

FCRA violation & FDCPA violation (IF these are not OC's and CA only, as FDCPA refers only to CA's)

Suits should be filed in US District Court and not in state court, as the FCRA an FDCPA are Federal questions, not state mandated, unless you are in CA, then you have the CA Rosenthal Act also in NC, you have the NC Consumer Protection Act.

CA's do not have to respond to your DV. However, they MUST stop all efforts in collection, including reporting derog on your CR. They MUST report it as DISPUTED.

If you get into it with a CA they could hire someone who will file a SLAPP suit. Or at lest threaten one. Check out www.budhibbs.com for CA's abusive tactics.

If you don't get any results on your own, then seek out counsel in your area who is well versed in FCRA and FDCPA by searching www.naca.net. NACA is the National Association for Consumer Advocates. Most consumer protection attorneys charge little to no fee to take your case.