Medical Collection/Lawyer Demanding Money

[Bearclawin]

New guy here so bear with me.

I received a letter dated 4/7/2010 from 3 old medical accounts back in 2008 from New York State, that I disputed with the OC for improper insurance billing.

The Lawyer's Letter states the following;

THE ACCOUNT(S) BELOW HAVE BEEN RECEIVED FOR COLLECTION BY THIS LAW OFFICE.

if there is a problem preventing you from paying or you have an objection or you dispute this account, please PHONE our office at # or # and let us know. Otherwise please be advised that:

TO PAY BY CHECK OR MONEY ORDER SEND TO: Law Office of X

TO PAY BY CREDIT CARD COMPLETE THE SECTION ABOVE.

TO PAY ON LINE GO TO xxxx

Please consider this notice that if payment is made by consumer check we will convert this to an electronic debit to your account via ACH and if the check is returned NSF, we will re-present the check via ACH debit.

Important Notice: Mini Miranda about the FDCPA saying I have 30 days to dispute this information or they consider it valid.

This is an attempt blah blah blah.

Creditor

There name

Account#

1234

Regarding

My name

Amt owed

$$$

Service Date

2008

MY Questions

Should I call them and tell them that I dispute this account like they said inthe first paragraph or just send them a letter that I dispute and require validation?

[nascar]

MY Questions

Should I call them and tell them that I dispute this account like they said inthe first paragraph or just send them a letter that I dispute and require validation?

If you call them, they're under no obligation to provide you with anything that validates the debt. You must dispute in writing to get that. So, you'll want to dispute in writing.

[Guest usctrojanalum]

You should have gotten this figured out with your insurance a long time ago. A lot of times they can't and will not go back more than X amount of years (who knows how long it is). Your insurance will say it was not billed timely or it was improperly billed, and the medical provider is going to say you did not sufficiently provide insurance information for them to bill properly and you are between a rock and a hard place. I've been sued over 10 times for medical debts this is how it always goes.

[cinnamngrl]

If you call them, they're under no obligation to provide you with anything that validates the debt. You must dispute in writing to get that. So, you'll want to dispute in writing.

Actually, nothing in the FDCPA requires the DV to be in writing. the federal appeals court have supported this. Of course it is a pain in the a$$ to prove so send the DV in writing by CMRRR

[debtorshusband]

Actually, nothing in the FDCPA requires the DV to be in writing. the federal appeals court have supported this. Of course it is a pain in the a$$ to prove so send the DV in writing by CMRRR

The dispute does not have to be in writing.

A request for verification or the name and address of the original creditor does have to be in writing (see underlines below):

§ 809. Validation of debts [15 USC 1692g]

...snip...

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Regards,

DH