mr1963 Posted September 28, 2008 Report Share Posted September 28, 2008 Please forgive me if this has been asked in one form or another. I DV'd a CA on a medical bill. They sent a copy of a fax from the OC, a county hospital. Several days after receiving the "verification", I received a call from the CA. The lady said that payment arrangements would have to be made or the CA would file a small claims suit. The request for DV had a cease and desist order that stated there should be no communication other than the mailed verification. I asked the lady if she had received the DV letter. She replied yes. I asked if she saw the c & d order. She replied no. I don't really believe her. I told her that she had violated the FDCPA and that the CA now owed me $1000 in damages. I told her to send a check to me for the difference between the collection amount and the $1000. She laughed and told me again that they were going to file suit. I told her that I would have to discuss the matter with my attorney. Should I file a suit for FDCPA violation or try to settle the matter with the CA? If the CA does file suit, can I use the FDCPA violation as a way to get it dismissed? I am located in Indiana. Thanks. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted September 28, 2008 Report Share Posted September 28, 2008 I wouldn't bet the farm on it Link to comment Share on other sites More sharing options...
LUEser Posted September 28, 2008 Report Share Posted September 28, 2008 Yeah, even if there is a violation in that tangle somewhere, it'd be too hard to tease it out clearly in front of a small claims judge. Personally, I don't think there is one, as I don't think a consumer has the right to a limited C&D (I know, I've changed my position on this, but after re-reading a post from Robert Nashville about it, it makes sense as to why it's either the whole or none.)Anyway, you still have other methods at your finger tips here. If the debt is not that big, remember that legal bills can get expensive. You may want to let it go to court and then work a deal there (I've seen that the best deals are usually made here from other poster's experiences). Or, you can continue to insist that the CA is acting in bad faith to the OC, and pay them directly. Possibly with an NDA or a HIPPA nondisclosure letter. Link to comment Share on other sites More sharing options...
Recommended Posts