Jump to content

First Notification from an attorney of medical debts How do I Respond?


DirtinLa
 Share

Recommended Posts

I have 2 debts to a local hospital for a $300 and a $7,000 debt.

I have been notified by an attorney that they are seeking to collect for an operation my wife had last year. It's the 30 day notice in bold print!

I drafted the form dispute letter stating Yada Yada Yada then read on here that that is the wrong thing to do? So I haven't sent it out yet.

I have insurance with a $7500.00 deductible but the debt was toward my deductible.

So where should I begin... the debt is valid as far as I know?

Thanx in advance

-=Fred=-

 

 

 

 

Link to comment
Share on other sites

Guest usctrojanalum

Just send a DV letter that you dispute the debt; at minimum it will preserve your rights under the FDCPA.

Simple letters are fine.

Dear Attorney,

I dispute the validity of the debt.

Cordially,

Me

If they respond with validation; you can send them a C&D letter. This will likely lead to a lawsuit, but you can cross that bridge when you get there.  

Whether or not you want to settle prior to a lawsuit being filed and served is a personal choice. 

Link to comment
Share on other sites

I'm in Louisiana too, would you mind sharing which law firm and debt collector it is?  Down here, we deal with some local debt collectors like E.A. Uffman out of Baton Rouge, as well as the typical more national ones, and I've found that if we know who you are dealing with, it might help in that anyone here who has dealt with them can shed some light on what you might expect.

 

Link to comment
Share on other sites

Here's the form letter: I've left off names and addresses

 

The McCarty Law Firm                                                                                                February 1, 2017

7922 Picardy Ave.

Baton Rouge, La. 70809

 

Re:  1214930273

To whom it may concern:

I am responding to your contact about a debt you are trying to collect. You contacted me by

mail, on January 22nd 2017 and identified the debt as Woman’s Hospital File Number 1214930273.

Please supply the information below so that I can be fully informed:

 

Why you think I owe the debt, and to whom I owe it, including:

 

The name and address of the creditor to whom the debt is currently owed, the account number

used by that creditor, and the amount owed.

 

If this debt started with a different creditor, provide the name and address of the original

creditor, the account number used by that creditor, and the amount owed to that creditor at

the time it was transferred. When you identify the original creditor, please provide any other

name by which I might know them, if that is different from the official name. In addition, tell me

when the current creditor obtained the debt and who the current creditor obtained it from.

 

Provide verification and documentation that there is a valid basis for claiming that I am required

to pay the debt to the current creditor. For example, can you provide a copy of the written

agreement that created my original requirement to pay?

 

If you are asking that I pay a debt that somebody else is or was required to pay, identify that

person. Provide verification and documentation about why this is a debt that I am required to

pay.

 

The amount and age of the debt, specifically:

 

A copy of the last billing statement sent to me by the original creditor.

 

State the amount of the debt when you obtained it, and when that was.

 

If there have been any additional interest, fees, or charges added since the last billing statement

from the original creditor, provide an itemization showing the dates and amount of each added

amount. In addition, explain how the added interest, fees or other charges are expressly

authorized by the agreement creating the debt or are permitted by law.

 

If there have been any payments or other reductions since the last billing statement from the

original creditor, provide an itemization showing the dates and amount of each of them.

 

If there have been any other changes or adjustments since the last billing statement from the

original creditor, please provide full verification and documentation of the amount you are

trying to collect. Explain how that amount was calculated. In addition, explain how the other

changes or adjustments are expressly authorized by the agreement creating the debt or

permitted by law.

 

Tell me when the creditor claims this debt became due and when it became delinquent.

 

Identify the date of the last payment made on this account.

 

Have you made a determination that this debt is within the statute of limitations applicable to

it? Tell me when you think the statute of limitations expires for this debt, and how you

determined that.

 

I have asked for this information because I have some questions about this debt. Because of my

questions, please consider the debt to be disputed at this time. If you stop your collection of this debt,

and forward or return it to another company, please indicate to them that it is disputed. If you report it

to a credit bureau (or have already done so), also report that the debt is disputed. In addition, you

should state in any report that you have failed to fully verify the debt in response to my request (unless

you have already provided all the necessary information).

 

If you fail to provide any of the information or documentation I have asked for, please say why. If you do

not provide it, and do not adequately explain why, I will understand that you are unable to confirm or

document your claims.

 

Details about your authority to collect this debt.

 

I would like more information about your firm before I discuss the debt with you. Does your firm

have a debt collection license from the State of Louisiana? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone

number of the state agency issuing the license.

 

If you are contacting me from a place outside my state, does your firm have a debt collection

license from that place? If so, provide the date of the license, the name on the license, the

license number, and the name, address and telephone number of the state agency issuing the

license.

Please let me know whether you are prepared to accept less than the balance you are claiming is owed

on this account. If so, please tell me in writing your offer to accept less than the full balance.

 

 

Thank you for your cooperation.

 

Sincerely,

Link to comment
Share on other sites

BV's got it right....we have no provision in our state laws that is involved.  I tend to keep mine simple....

 

"To Whom it May Concern:

 

     This shall serve as notice that I dispute your claims regarding the above identified account.  Please provide proper validation to me at the address below.  Thank you."

 

That's it.  Seriously.  Less is more...and if you try sending them something you found from the depths of the internet, they are likely to ignore it because they know that validation does not require any of that information.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.