Expert: Ray A Miller - 12/31/2008

Question
Long story hopefully short. I have this all written down at home, everything that happened, so excuse me if I forget somethings since I am at work.   3 appx years ago had knee surgery. Due to my phone being turned off for two weeks, hospital sent bill to debt collector/lawyer. Hospital said during that week they tried calling a couple of times, but I turned my phone on too late.   A couple weeks later I get a call from the collector (attorneys at law). They asked for the full amount due($4,000). I said I couldnt pay right now. They said they could set up payment plans ($100 min). I told them I can pay at most $50 a month, but nothing more than that. I told them $30 would be best in my current situation.    They told me that wont work, and to come up with the money or they are going to send this to their lawyers. I stressed out and tried to get a loan, but my credit is bad anyways so that didnt work. I couldnt even get a small loan.    I call back the next day and asked to speak to the person I was speaking to before. They gave me to someone different. I had to reexplain my story. She asked me all the same questions the other person did. I told her I dont have the money but can pay a small amount each month. She said that wont work, and if I dont find a way to give them their money they will (yes, she used 'will') go to court and can garnish my wages until I get that money. She said she will talk to an attorney about my case.   Once again I freaked out. I tried to find ways to get the whole balance. I was stressed out and depressed. I went to my parents even. No good. A few days later I called back telling them if their is anyway they could work something out. I left a message. No one returned my call. I wrote a letter of debt verification, they verified the debt.    I called again a few days later. Left a message, no one returned my call.    After those last phone messages I left I didnt hear ANYTHING from them for these past 3 years appx (it may be 2 and half, Ill have to look at my notes). I started reading on debt collection and found that by threatening me with a lawsuit, and then not following up on it, the collector broke the law. Is that true?   Anyways. I just got a letter in the mail from them after this long of time asking for the money, attorney fees, and I quote: "if you fail to pay the total amount due or make payment arrangements, our client may ask us or another attorney in your area to file a lawsuit against you for the collection of this debt, at which point we will review your account to determine wheather a lawsuit is appropriate. At this time, no attorney with this firm has personally reviewed the circumstances of your account..."   How can NO attorney review it when the collector told me she would review this with an attorney years ago? I know the language they used isnt threatening right now with a lawsuit, but the collector I spoke to at that time did so.    What do I do now? I feel they have broken debt collection laws with how they handle me over the phone. Any suggestions? I live in Utah.

Answer
Here is what I suggest:  Dispute the debt, report the attorney to your states Bar Association, the BBB, the Attorney General and be sure to let the attorney know that you are doing so.  That should bring them around and get them to talk to you like they have good sense.