Medical Collection Question

[Anonymous]

Hi All,

My son does not live with me but, he is under my insurance plan.  His mother took him to the doctors several times and on a few occassions claims were never filed to the insurance company.  I never signed a financial responsibility form (mother takes him) but, yet the collections are on my report.  Do I have any grounds to stand on for deletion from my CR.  Should I DV and ask for this information because I know without a doubt if there was one signed his mother signed it and not me...it's killing my credit..i have 3 of them

[Anonymous]

send a DV to the CA  CMRRR     I will give you one to copy     make the changes needed.

I can only give you advise that I would do. Someone else in here might offer more. Many people are divorced BUT their ins. card is issued only in 1 name  with names of dependents.

When any of us go or take our kids we have to sign......IMO  the person that signs is responsable for the bill.

Send the DV  and wait to see if they send a signiture......then you can send another letter telling them that it is NOT your sig.     Never talk to a CA  never sign a letter to a CA and NEVER OFFER info to them.

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

JUST TYPE YOUR NAME!

Message Edited by HappyDays on 02-03-2008 09:27 PM

[Anonymous]

Thanks Happy,

In my case we were never married and she was never my dependant, just my son.  I will send out letters tomorrows CM RRR.   I hope this works.  I could have a big case against them since I never signed the financial responsibility form and they still show me as responsible and not her.  To top it off I checked my ins website for those claims and hospital never filed the claim to begin with but, I hear that the ultimate responsibility of filing a claim is really on the patient and the hospitals do filing as a courtesy.

[tryingtogetitrightnow]

Hi getyournumbersup,

I had a similar thing happen only for a dental bill. It's frustrating that because you're the one who provides insurance for your children (which is a good thing), they come after you when the other party defaults.

The CA called me about a year ago and told me that this account had been referred to them for collections. I told them that it was not my account, it was my ex-wife's, and I had no responsibility for her. They told me that there is a law in Washington state that makes both parents responsible for any medical bills. I told them this was a dental bill and hung up on them. Then, last August I noticed that they put it on my credit report. I called the OC to talk with them about it but got no response. So then I mailed a letter to the OC telling them that it wasn't my bill and they needed to delete it from my CR immediately. About a week later, I got a letter from the Collection Agency saying it was in response to that letter with an itemized list of billed items and notices that had been sent out to my ex-wife. I had never received anything from the OC or CA before this. I disputed it with the CRA, but they said it was verified.

So, then I basically gave up until I saw these forums. I have been debating PFD or DV it. On one hand, it's only about $500, but on the other hand, I don't want to pay it and encourage my ex to keep doing this. So, I think I will DV the CA and see what happens. I'll let you know how it goes.

Good luck to you with yours!! And please let me know how yours works out.

[Anonymous]

ALWAYS  DV  before doing anything else!!!   Washington state SOL is either 3 or 6 years from date of service.......you need to check & see if it is concidered an open account or a promissary note....it can be different in each state.....open account is 3 years SOL