Being sued by CA, need some help!

[Credit-slayer]

Okay so here's my situation, two years ago I had a child and no insurance but after refi-ing my house I paid off the hospitial.

But several months after that I received a bill for $1500 from Sierra Ansestesia (OC) for an epidural. I was not sure if the bill was paid by the hospitial so I called them and asked them the OC if they were willing to settle and they said no and that they were in the process of selling it to collections. (This was before i knew anything about anything)

Well I never got any letter from the collection agency and then later they showed up on my credit, again I didn't understand about disputes so I just disputed it with the CRA's and Equifax and Transunion deleted it. So later when I got courage I DV'ed the CA and got a letter saying it was out of the 30 days and they didn't have to provide me proof. So I sent them another letter telling them that they were in violation and that I was gonna sue in 15 days. But I didn't, okay i'm dumb.

So then I sent them a settlement letter not admitting it was my debt and they again sent me another demand letter and a faxed print out with my name, the word epidural and $1500 with the name of the original OC.

So then I sent them a letter with back up saying that they were in violation again and that a print out is not sufficent for DV.

Yesterday I got a summons to small claims court for the county i live in for that debt.

I have of documentation showing their violations but it's all Federal so I don't know if I can use it for my answer to the summons.

My responses are that they never sent me the original letter stating I owed them. I never got any proof within 30 days. The faxed letter from the OC is not proof. They continued to collect a debt while it was in dispute.

Should I try to find out if the hospitial paid the OC?

Should I file in Federal Court for their violations? Their violations would be a little more, $500.00.

Should I just let a lawyer handle it because they are allowed in small claims here?

I really don't know if this debt is mine and now I have this pressure, I don't want to pay but I am willing to settle just to get rid of them.

Okay so i'm lost and a little scared and a little disgusted.

Help!

[Macwench]

Can't say I see any real hard violations that are going to help you, but as far as the billing goes, I used to work at a hospital. The billing for all physician's services are separate from the hospital bill so more than likely it was a valid bill with the OC.

Who exactly is suing you ? The OC or a CA?

ETA: I'm not even close to a lawyer - just looking at it with layman's eyes...

[Credit-slayer]

yep, the CA is suing me, I'm just not willing to give them a dime, if they're arent any violations then I'm willing to pay but only to pay the OC.

Can I do that?

[justincase]

Well I never got any letter from the collection agency and then later they showed up on my credit

If you received no dunning letter and they reported they are in violation.

so I just disputed it with the CRA's and Equifax and Transunion deleted it

Why would you DV them after CRA deleted?

So I sent them another letter telling them that they were in violation and that I was gonna sue in 15 days. But I didn't

Never threaten to sue if you don't intend on doing so, that's probablly why they filed on you to beat you to the punch. As far as I can see they haven't committed any provable violations. I would start mounting my defense, or call to make settlement arrangements before it goes to court. Just my opinion

[divemedic]

If you received no dunning letter and they reported they are in violation.

What exactly are they in violation of?

As far as I can see, form the description above, there are no violations here. There may be violations, but the posts in this thread do not show them.

[Credit-slayer]

I dv'd them only because they are still on EX, and I wanted them gone off that one.

My violations are from 809 b

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

they did not stop collection activity when I dv'd and they did not provide me any proof that the debt is mine.

Also I'm not sure but I think 811 also applies

Legal actions by debt collectors [15 USC 1692i]

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

The proof they gave me after dv was just a print out which is not proof by the

I mean i did DV outside the 30days but it's very easy for them to say yes, we sent her something when I know they didn't and let's face it the judge may believe them.

i'm getting the feeling i should pay the OC. But if i have a case I want to fight it.

[justincase]

You never said wether or not you DV'd them timely or you would have to prove that in court. They seem to be saying that they dunned you and you responded after 30 days. If you did you stand correct, if not they don't have to respond. If you pay the OC it will just show up on your EQ report as paid after collection thats all.

[Credit-slayer]

I did say that I did not receive a letter from the CA in the original 30 days, I keep everything and the only way I knew that they had the account was when I saw it on Truecredit. I did not think I could DV at that point and was still in the dark about credit.

When DV'ed them later it was only with the understanding that because I hadn't received the letter that I had the right to restart the 30 days.

My fear is that the CA will say that yes, they did send a letter in that first 30days and that I did not respond and that a judge is more likely to believe them. I don't have any proof that they didn't send the letter and they don't have proof they did other than their word.

I have had a CA put an account on my credit report and never send me any letters. But i'm not sure that the judge will take my word for it.

[justincase]

I did say that I did not receive a letter from the CA in the original 30 days, I keep everything and the only way I knew that they had the account was when I saw it on Truecredit. I did not think I could DV at that point and was still in the dark about credit.

When DV'ed them later it was only with the understanding that because I hadn't received the letter that I had the right to restart the 30 days.

My fear is that the CA will say that yes, they did send a letter in that first 30days and that I did not respond and that a judge is more likely to believe them. I don't have any proof that they didn't send the letter and they don't have proof they did other than their word.

I have had a CA put an account on my credit report and never send me any letters. But i'm not sure that the judge will take my word for it.

My point exactly, you don't have proof and would have to prove that fact in court, no such thing as restarting the 30 days, once CA says they dunned you the law says you have 30 days from that date. So far as their proof they can bring document to court and say your honor here is copy of original dunning letter sent out on such and such date.

[justincase]

What exactly are they in violation of?

As far as I can see, form the description above, there are no violations here. There may be violations, but the posts in this thread do not show them.

Dive, if you read further in my post I tell the OP that, was just letting him know that if in fact he actually didn't received anything he might have some legs to stand on.

[isislc]

Just a quick question here, was there any insurance involved? If so, you might want to check with them as to what if anything was paid and what part is actually your responsibility. If you can find that out, you can at least use that in your defense or settlement with the CA. Read this link to the medical sticky under the collections forums. Might give you some insight to your problem. Yes I'm a sticky n00b.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=262951