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Harassment? Suggestions?


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Yesterday I received a phone call at my job from a collection agency in Nevada. They started telling me about an old supposed $5,000 Hospital bill that I do not recall, and that is past the Nevada statute of limitations.

Immediately, I told the man to never call me at work again, and he gave me his phone number and said I had to call him before the end of the day, or he would have to verify employment so he can begin wage garnishment. I told him that he cannot threaten to garnish my wages it is illegal. He said under what law, and I said FDCPA.

He told me that he can garnish my wages, and he has a legal department, and I asked what judgement did they win against me, and he said oh we can get a judgement no problem.

I hung up with him and called back a couple hours later to the extension he left me, and I got a woman. I told her what that guy said to me, and it was not legal, and she told me that they certainly do garnish wages, and they put leins on homes. I told her that no noe from her office was to call me at work again. I told her that I have no knowledge of a hospital bill from 2003, and she would need to validate the debt. She said she can only do that at her office, and I told her I would send a letter requesting validation CMRR and i was not going to her office. She said because of privacy laws, she cannot mail me the validation!!!! I told her BS and got off the phone.

I did some researching and NRS 11.2095 states 4 years SOL on hospital bills in Nevada. I called today and gave the CA that statute to read over. She gave me the manager to talk to and that manager was loud and disrespectful. Saying they can talk to me however they want to, and I have had 6 years to pay this debt. I got off the phone with her and a couple hours later I got another phone call from that office (bear in mind I said not to call me again). A man on the phone said he was the legal account reviewer, or something like that, and said I spoke to someone in his legal department today (which she was not identified as). Immediately I interrupted him and said Why are you still calling me at work. He said, "well, actually you arent going to get calls at work, you are going to get served a summons." and he hung up on me.

2 minutes after that, his office called my cell phone and when I answered, there was heavy breathing on the other end of the phone, and they hung up on me.

This bunch of scavenging low lives are unbelievable. Any suggestions?

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Send them a C&D letter and explain to them in writing again, the SOL statute.

That way if they do file, you will have proof by way of CMRR that they should have known the SOL had expired, making the violation willful.

If they continue to call, ask their permission to record the call, if they don't hang up then do record it. At least keep a paper journal and log date and time of the calls, and a summery of what was said by them, the name of the person, and word for word any violations you can get.

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I know junk debt buyers use these tactics to scare people into paying. I am just a little shocked that someone called my work, after being told not to many times, and told me I would be getting served a summons; then hung up on me. Their supposed "legal department," I assume no real actual attorney would do that over the phone at my work, and I also assume that by some random employee threatening to serve me, cannot speak for a lawyer. Am I correct?

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Speaking to a lawyer probably won't help. You don't really have any proof....and technically they have the right to call you between certain hours...even at your job. Probably not that many times....but no proof. They are probably a CA/JDB pretending to be an attorney which they can't do....but you have NO proof. (unless they said so on the voicemail and you saved it)

You must send them a DV right away by CMRRR. Or if you are sure it's out of SOL...send a C&D but personally I would go the DV route for now.

Then I would make sure to keep a log or records if they keep contacting you. Keep writing DV's each time.....b/c that builds up a good paper trail. Paper trail is a very good thing. If your state allows you to record....record...but make sure you check and see if that's legal.

Then after you get a good papertrail.....then contact an attorney.

Telling them not to call over the phone...does NO good.

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As for the statute of limitations, NRS 11.2095 states the following:

NRS 11.2095 Action to recover payment for money owed to hospital.

1. Except as otherwise provided in this section, an action against a person to recover payment for any amount owed to a hospital for hospital care provided to the person at the hospital must be commenced not later than 4 years after the date on which any payment that is due for the services is not paid.

2. The period provided in subsection 1 is tolled during any periods in which the hospital is awaiting a determination concerning eligibility for, or the amount of, benefits from an insurer or public program and during any periods in which payments are being made.

3. As used in this section, “hospital care” has the meaning ascribed to it in NRS 428.155.

Now, the date of last activity on this account was December of 2003. Therefore, it should be out of SOL by December of 2007 correct?

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