faithfully419 Posted April 9, 2012 Report Share Posted April 9, 2012 I have a medical bill that a collection agency now has. I have made payments when I can, typically every other month. The address they had on file was the physical address that I still reside at. I requested actual statements instead of phone calls and updated my address to a PO Box. When I received the first statement, after I had already made a few payments, I noticed that the collection agency charged an attorney fee as well as "court cost" to serve me, which it states on the bill that they could not serve me. Is it legal in Georgia to be charged for court cost and them serving me? I am not sure how they could not charge me if they have my physical address.Please help. I do not want to pay anything else until I know if this is legal so it does not appear that I am accepting the add on. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 9, 2012 Report Share Posted April 9, 2012 Are you paying them under some type of agreement that you worked out with them, or are you just sending them some money when you can. Link to comment Share on other sites More sharing options...
1stStep Posted April 9, 2012 Report Share Posted April 9, 2012 If it's not in a cconrract, then no- in fact I'd venture to say it's an FDCPA violation... Link to comment Share on other sites More sharing options...
legaladvice Posted April 9, 2012 Report Share Posted April 9, 2012 If it's not in a cconrract, then no- in fact I'd venture to say it's an FDCPA violation...That is correct___Legal Services1 Penn PlazaNew York, NY 10119 Link to comment Share on other sites More sharing options...
faithfully419 Posted April 10, 2012 Author Report Share Posted April 10, 2012 There was no contact and no agreement for monthly payments, I just paid them when I could. I contacted the agency today and asked why they tacked on the fee. He said "his boss", meaning the company, paid for attorney fees and court cost to have me served and were trying to get their money back from it. I told him that I did not believe this was legal. He said well, we are just doing what we can. I told him that I would contact an attorney to see where I stand. The problem is that if I had the money for an attorney I would pay off the debt. I do want to report them, but I also want my account resolved of any extra fees. Any suggestions? Link to comment Share on other sites More sharing options...
WhoCares1000 Posted April 10, 2012 Report Share Posted April 10, 2012 You could simply pay off the account without the fees and then stop paying and let them try to sue you in court. Your defense would be "Accord and Satisfaction" as well as "Unclean Hands". Link to comment Share on other sites More sharing options...
1stStep Posted April 10, 2012 Report Share Posted April 10, 2012 I think the OP has got an FDCPA violation... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 10, 2012 Report Share Posted April 10, 2012 He said "his boss", meaning the company, paid for attorney fees and court cost to have me served and were trying to get their money back from it. I told him that I did not believe this was legal. He said well, we are just doing what we can.Translation- You are poor, hopefully uneducated about the law, and we don't give a damn about the FDCPA or the law. He said well, we are just doing what we can.Translation- We do it because we get away with it a ton more of the time than we don't. It's more profitable to do it this way and settle the very rare complaint than do it the right way. Screw the law, we paid out money and we want it back from you. We don't care if it's allowed are not, we do it because like we said, "we can" now shut up you little poor dead beat debtor and pay us our money. We know you can't do jack about it or you would have already gotten an attorney. Link to comment Share on other sites More sharing options...
RockDaddy Posted April 10, 2012 Report Share Posted April 10, 2012 (edited) I have a medical bill that a collection agency now has. I have made payments when I can, typically every other month. The address they had on file was the physical address that I still reside at. I requested actual statements instead of phone calls and updated my address to a PO Box. When I received the first statement, after I had already made a few payments, I noticed that the collection agency charged an attorney fee as well as "court cost" to serve me, which it states on the bill that they could not serve me. Is it legal in Georgia to be charged for court cost and them serving me? I am not sure how they could not charge me if they have my physical address.Please help. I do not want to pay anything else until I know if this is legal so it does not appear that I am accepting the add on.Imagine being charged for service that didn't happen... and then attorney fees first, before even losing a prospective case... crazy. I'd tell them to pound sand, especially over the 'we're just trying to get what we can' comment. Seriously. Also, if it's a local attorney who tried to serve you, you'd best check the courts to see if they've not tried to get a Summary Judgement against you.If you're really broke, use this forum to learn all you can. There's a plethora of information available here, plus people you can actually ask questions of who will give you good, actionable advice. Edited April 10, 2012 by RockDaddy Link to comment Share on other sites More sharing options...
AdamFlorida Posted April 16, 2012 Report Share Posted April 16, 2012 I have a medical bill that a collection agency now has. I have made payments when I can, typically every other month. The address they had on file was the physical address that I still reside at. I requested actual statements instead of phone calls and updated my address to a PO Box. When I received the first statement, after I had already made a few payments, I noticed that the collection agency charged an attorney fee as well as "court cost" to serve me, which it states on the bill that they could not serve me. Is it legal in Georgia to be charged for court cost and them serving me? I am not sure how they could not charge me if they have my physical address.Please help. I do not want to pay anything else until I know if this is legal so it does not appear that I am accepting the add on.Attorney's fees should be either contractual, meaning there must be a contract provision allowing attorney's fees in the event of default, or statutary, meaning the state law allows attorney's fees in certain situations, mostly to the prevailing party. Link to comment Share on other sites More sharing options...
purplebb Posted April 29, 2012 Report Share Posted April 29, 2012 (edited) I would think they should only be able to charge attorney's fee's if they have won a judgement against and the judgement included attorney's fees in it. If the CA added the attorney's fees which is sounds like they did, it seems that they are claiming to be an attorney which is a violation. Edited April 29, 2012 by purplebb Link to comment Share on other sites More sharing options...
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