tbfoote1 Posted January 17, 2008 Report Share Posted January 17, 2008 Hello All.1st time poster. I've tried a search but found nothing on this topic. So here is my problem:Received call(at work) from Collection Law Firm. Got info from them, I indicated I knew nothing of this debt(medical) and did a DV with a do not call me statement (only respond via USPS) in the same letter. I'm going to check again but I don't believe this is on my CR. Haven't heard from them (I just received by green card back 2 days ago) BUT they are leaving messages with my wife(who they originally said is also on the debt).Here are my questions:1) Does she have to send a seperate DV and do not call?2) Is there a violation here because of my DV letter to them(even though they are calling her)?BTW- this is a great site and hats off to all of you Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Is your wife an account holder as well? If she owns the debt with you, they can come after either one of you for it. I'd send out a DV on her behalf as well, just to be clear. Link to comment Share on other sites More sharing options...
tbfoote1 Posted January 17, 2008 Author Report Share Posted January 17, 2008 Hmmmm... Hard one to answer. Since I have insurance and she was under it at the time of the alleged bill(2005) I assume so but I'm not sure how this all works in regards to medical bills. I guess will do a copy of my DV to them, with her name and send it to be sure. Thanks Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Let me get this straight. This is for a medical debt? Was it your bill, as in you were the patient? Or was it her bill, as in you were the primary insured and she was the patient?Despite her being on your insurance, she is not finally responsible for your bills. Link to comment Share on other sites More sharing options...
ShortBus Posted January 17, 2008 Report Share Posted January 17, 2008 You can tell them that they can't call you at work because you're boss doesn't permit those types of calls. They are legally required to cease calling you there at that point. But nothing in the FDCPA prohibits them from calling you at home, as long as it's between 8a-9p (I think those are the hours, check the FDCPA to be sure). You can demand that they stop contacting you *period*, but you can't tell them they can only contact you via USPS, email, carrier pigeon, whatever... it's an all or nothing deal. There's been many threads on this topic, and you're likely to get several options. But my understanding is that the general consciousness is that a "partial C&D" isn't codified anywhere, but you may be able to convince a judge that the CA ought to abide by your communication preferences. Link to comment Share on other sites More sharing options...
redskinfan Posted January 17, 2008 Report Share Posted January 17, 2008 Let me get this straight. This is for a medical debt? Was it your bill, as in you were the patient? Or was it her bill, as in you were the primary insured and she was the patient?Despite her being on your insurance, she is not finally responsible for your bills.Quick question on this.....my husband has a few small medical collections and all 3 of them are showing up on my credit report as well..I was not the one that recieved service so I can dispute with CRA's nont mine to have them removed? Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Quick question on this.....my husband has a few small medical collections and all 3 of them are showing up on my credit report as well..I was not the one that recieved service so I can dispute with CRA's nont mine to have them removed?Are you financially responsible for his care? Is he insured through you? Link to comment Share on other sites More sharing options...
tbfoote1 Posted January 17, 2008 Author Report Share Posted January 17, 2008 Let me get this straight. This is for a medical debt? Was it your bill, as in you were the patient? Or was it her bill, as in you were the primary insured and she was the patient?Despite her being on your insurance, she is not finally responsible for your bills.Yes it's a medical debt they are calling on although the DW and I don't have a clue if it's for treatment or not since we have paid all medical debts, hence the DV. During that time period I was the insured and she would have to have been the patient. My quess is it's a bill we've paid but since it doesn,t show on my CR I'm not sure where they would get it? Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Since you were the primary insured on what would've been her bills at that time, I believe that they can come after the both of you. I'd still do the secondary DV to be safe. Link to comment Share on other sites More sharing options...
tbfoote1 Posted January 17, 2008 Author Report Share Posted January 17, 2008 You can tell them that they can't call you at work because you're boss doesn't permit those types of calls. They are legally required to cease calling you there at that point. But nothing in the FDCPA prohibits them from calling you at home, as long as it's between 8a-9p (I think those are the hours, check the FDCPA to be sure). You can demand that they stop contacting you *period*, but you can't tell them they can only contact you via USPS, email, carrier pigeon, whatever... it's an all or nothing deal. There's been many threads on this topic, and you're likely to get several options. But my understanding is that the general consciousness is that a "partial C&D" isn't codified anywhere, but you may be able to convince a judge that the CA ought to abide by your communication preferences.I'm a little confused on this one ShortBus (and new at this so bare with me). It was my understanding that the do not call statement (which I got from Christies Basic form letter off this website) applies to any phone calls as long as you notified them in writing(which I did in the DV letter). Is this not the case? Link to comment Share on other sites More sharing options...
tbfoote1 Posted January 17, 2008 Author Report Share Posted January 17, 2008 I'm a little confused on this one ShortBus (and new at this so bare with me). It was my understanding that the do not call statement (which I got from Christies Basic form letter off this website) applies to any phone calls as long as you notified them in writing(which I did in the DV letter). Is this not the case? Ok I'm still not sure about FDCPA but I checked Colorado law(or actually a pamplet by the AG's office with a link to the law) stating that Colorado does allow a partial C&D. Thanks for all you guys help in this and I hope I have more to post later. This is a great site and wealth of information Link to comment Share on other sites More sharing options...
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