Collections Law/Need Proof of Debt
Expert: Chris Ebert - 9/1/2009
QuestionI was paying $20 toward my medical debt for a few months, and then I received a notice from a collection agency telling me that if I didn't pay the debt in full that my credit would be negatively affected. I immediately sent a letter back informing them that they obtained my account in error because I had been making on-time payments toward the balance of my debt and each payment had been cashed by their client.
After I sent that letter, I continued making my monthly payments, but stopped receiving an updated account balance from the medical billing facility. All of the payments were still cashed by the medical billing facility. I have sent several letters requesting (and finally demanding) a current itemization showing a total balance due and all of the payments that I've made. Every single letter has been ignored.
I sent a final letter indicating that I've made every effort to pay my debt in full, but since they have refused to provide me with an itemization (which I believe is my right to have), I have no proof that this account still exists. I stated that I would discontinue sending payments until such time that I received the itemization. I really thought that they would want their money...
It has been approx. 60 days since I sent them that final demand letter and I have not sent in the last two payments. I work in the legal field, but am not certain if I did the right thing or if there is something further that I need to do.
Please help!
AnswerKate,
It sounds like you have done what you can. My only hesitation is that I would pay the remaining balance that I know I owed. Even with the letter, they can still send the remaining balance to collection because it was not paid.
If you do have to fight with a collection agency, then at least you have the front and back of the cashed checks.