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Collections Law/Refused Payment

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Question
I spoke with the collection agency several times and had disputed a couple of things that they were trying to collect on. I had started the dispute with the doctors office that was billing me for services that never happened and continued this with the collection agency. Apparently the collection agency just continued the collection process. Since then, I had a hospital bill that was sent to the same agency. I spoke with the collector and was to start payment arrangements. Less than a month later I was served with a summons for court from them. When I spoke with the collector about this, the same day, she said she was not aware that it had gone that far but would honor the payment arrangement and not garnish wages. When I took in my payment, she would not come speak with me but sent the manager of the agency out to me. This woman said she was not accepting anything short of $479.00 a month. I tried to explain that I could not afford that or I would not owe anything to begin with. She snubbed her nose, refused my payment and walked off. I asked her for my account number and she hollered back to me, "It is on the summons." Which it was not. What can I do about this? I can not afford $479.00 a month - this is more than my rent. I am barely making it with the $50.00 payments I was making to them. Is it legal for them to refuse my payment. Now it looks as though I did not pay, when in actuality, they refused it.

Answer
If you do not have anything in writing showing a $50.00 per month payment arrangement, I am afraid there is not much you can do.  When you go to court, you can try to call the person that agreed to it as a witness.  One other route you can try is to apply for a charity discount.  Most hospitals offer this but they put a time limit on the amount of time you have to apply so, apply as soon as possible.  One thing I would do is send a letter to the BBB, Consumer Affairs and the Attorney General in your state stating the facts described above and copy this letter to the adminstrator of the hospital.  I am sorry I do not have better news for you.  Good luck with this.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

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