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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Letter of Protection/Collections

Collections Law - Letter of Protection/Collections

Expert: Regan Shinski - 11/16/2009

Question
My wife was involved in a car accident in which the other driver was cited. She had injuries and was treated at a hospital. Of course, there were medical bills. We hired an attorney to represent us and he submitted a Letter of Protection to the hospital. The lawsuit has now been unsettled for 3 years. The hospital has since harassed us for payment several times, usually calling and sending letters just before holidays. We have been patient and each time this happens, our attorney contacts the hospital to remind them about the Letter of Protection. The hospital turned us over to a collection agency. This collection agency has since turned our account into the credit bureaus as derogatory credit. This has caused us great hardship and has negatively impacted nearly every facet of our lives. We were prime plus and now we have virtually no credit. Our creditors have all but eliminated any credit that we did have. Our attorney has referred us to an attorney who specializes in Consumer/Credit Law. My question is whether or not we have a legitimate case against the hospital and/or the collection agency for virtually ruining our lives, not to mention our credit?

Answer
Hi Michael:

This really depends on what you are calling a "Letter of Protection." This term has kind of grown to include a lot of things over the years from simple contingency agreement to a full-fledged contract.

To me, the bottom line is if the hospital broke an agreement. Did the hospital agree to terms with you or your attorney? Or was this simply your attorney sending them a form-letter notice?

If the hospital prematurely has started collection activities you probably have the makings of a credit-related lawsuit. You would pursue legal action - probably in federal court - under the Fair Debt Collection Practices Act (FDCPA). Without seeing the documents, it's difficult to say the specific basis for your suit, but invoking the prohibition of the creditor to use unfair or deceptive means to collect a debt is probably at the heart of it. You want to keep any documentation of damages you have had. This can include hard costs from everything from attorney fees to postage expenses. Additional damages include the elimination of credit, higher interest rates, denial of credit, reduced limits, and everything else you can think of. You would have to prove this, so keep all related letters and records.

Ultimately, I'm sorry that I cannot give you a yes or no on if you have a case. It really depends on the document and who agreed to it. Additionally, some state laws likely play a role in this. You really need an attorney to look at the documents and your state laws to determine if the creditor is in violation of the FDCPA or the Fair Credit Reporting Act.

Good luck, I hope it works out for you.

Regan
mbscompany@aim.com

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