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What happens oc cashes my check after sending account to collections?


nickysduck2
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My husband had surgery back in 2011. He is uninsured and we set up payment arrangements with the hospital, doctor and the anesthesia people. I have made those payments for the past 2 years but missed a payment to the anesthesia people last month and they turned the account over to collections. I just mailed them a payment 2 days before I recieved the letter from the collection agency telling us we have 30 days to dispute the debt.

 

The amount of the debt is $1995. My husband already has a child support garnishment on his paycheck. In the past I have ignored medical debt that went to collections and never had anything happen until  eventually the sol expired. Being that this amount is bit larger im concerned about my husband being sued. My questions are first, what does it mean if the orginal creditor cashes my check I just mailed after sending the account to collections?

 

Also, I have my phone set up to say the number has been disconnected when someone I don't recognize calls and I have no intention of talking to the debt collector, but what if i just mail them a $10 check and they cash it? Does that mean they accept my terms and I can continue to mail them a check every month and avoid a lawsuit?

 

What if I just ignore them and continue paying the oc anyway of they cash my check? What is the likelyhood of a lawsuit given the balance and my husband's child support garnishment in TN?

 

Just want to weigh our options. I read somewhere that since the agreement was with the original creditor and there is not an agreement wit the debt collector that they can not sue. Im a bit confused on what to do here.

 

Thanks

L.W

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"I read somewhere that since the agreement was with the original creditor and there is not an agreement with the debt collector that they can not sue."

The debt collector would be working for the hospital trying to collect the debt, They may have a law firm that will sue you on behalf of the hospital-doctor-anesthesiologist.

You might call the hospital and doctors office and workout a payment arraignment with them. Hospitals try and work pretty fast in trying to collect debts owed to them.

If your not rich go to the hospital billing office and see if they could write off the debt. You might also apply for medicaid they go back several months.

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Send the DV letter to the debt collector.  Later on you will make a formal dispute of the debt saying that the original creditor was paid.  DO NOT send ANY amount of payment to the debt collector whatsoever.  That can be construed as you accepting that they are handling the debt.

 

Let's see what happens with the OC.  Call them and see if they got the check.  You can ask them how much more in interest you need to send them for its lateness.  If they tell you that you now need to work with the debt collector, make it very clear to them that you are very aware that working with debt collectors is not possible.  if they have trouble understanding it, tell them to come here and we can explain quite thoroughly why that is the case.

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Have you tried calling the anesthesiologist and/or hospital to see if you can just keep paying them?  If you can get the medical people to recall the collection you won't have to worry about a suit OR a collection on your credit report.  

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I have not called them. They did cash my check though and I am wondering if I can mail them a letter with another check requesting that they pull it from collections and allow me to continue paying them directly? I mailed them another small check today with no letter just my account number. Im not good at wording things when on the phone.

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  • 2 weeks later...

My other check was cashed as well.This makes 2 checks they cashed after sending the account to collections and they never mailed me anything to acknowledge those payments,yet I just got another letter from the debt collector that is the same exact one I received before giving me 30 days to request validation.The balance did not reflect my 2 payments to the oc. This leads me to believe the ca is in-house and they may have assumed I never got the first letter since I paid the oc instead.

 

I do not want to call any of them because im not good on the phone. I just mailed a dv letter to the debt collector with signature confirmation. I was gonna mail a letter to the oc requesting they remove the account from collections and allow me to continue paying them directly but I feel I need to wait and see if the ca validates first. I hope Im doing all this right. I have a history of all the payments I was making. The payments were small ($10 a month) but we are struggling and I sent what I could afford.

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