Expert: Regan Shinski - 8/3/2010

Question
We just got a one page letter from a collection agency for medical bills. I has specific dates that do not ring a bell for service with myself or my husband. There is a sticker at the top with our csae number in "". It tells me I have 14 days to pay it, demand a hearing or demand a jury. It is almost $4000. We got served something similar 6 months ago and sent them a registered letter asking for proof it was our debt as stated in the papers we 30 days to do so. This does not say we can do that. We have never heard anything from the other people which also worries me. Please help. What can I do. Is it possible to set payment plans at this point if this is my bill and how di I find out if it is?

Answer
Hi Kristin:

It's difficult for me to say with 100% certainty without seeing the letter.  However, I can tell you this:

A legitimate debt collector has to have a statement in the letter (among other things# saying that you have 30 days to dispute or ask for written proof of the debt.  This is done on their first contact with you and is part of the Fair Debt Collection Practices Act #FDCPA).  They also have to provide the name of the original creditor.  

More importantly, unless this is a COURT SUMMONS - or other court related document - they can't "demand" anything.  At least they don't have the power to enforce any 14 day notice.  Now they may make an internal decision in 14 days, but I am skeptical of that as well.

If this is not a court summons or court document, you should send a letter demanding VALIDATION of the debt under the FDCPA.  Ask for proof of the ownership of the debt, name and address of the original creditor and billing statements.  Send it certified mail, return receipt requested.  You can also put in there that you want all future requests to be in writing.  This will prevent harassing calls and calls or promises they make that you cannot prove.  If they call you more than once after receiving this letter, they have committed a clear violation of the FDCPA and you can sue them fairly easily.

Now, regarding the debt itself, you would know better.  If it possible the debt is yours?  Can you call the medical provider and find out?  It doesn't change what you do above, but you should get the information to find out if it is a scam, incorrect, or legitimate.

Good luck, I hope this helps.

Regan