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Need help fast! Letter from attorney!

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Anonymous
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Need help fast! Letter from attorney!

I've been receiving bills from a CA for quite a while, and now their attorney sent me a letter.  I've already DV'd, and the debt was verified.  I'm willing to pay the money, but I can't afford to pay it all at once.  I absolutely CANNOT have a judgment on my CR.  I've been working really hard to clean it up, so I can't have this on there!  The letter reads as follows:

 

 

This office has been retained to collect the above-referenced claim against you.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.  If you notify this office in writing within 30 days from receiving this notice, this office will:  obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification.  If you request in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

This communication is from a debt collector.  You are put on notice that we are attempting to collect a debt and any information obtained will be used for that purpose.

 

Very truly yours,

 

CA Attorney

 

 

What should my next plan of action be?  I could probably pay 1/2 of it in full, but I can't afford to pay the whole thing right now.  Will most CAs agree to a payment plan or something?  Basically, my biggest concern is how to avoid a judgment showing up on my CR.  Please help!

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Need help fast! Letter from attorney!

I had the same thing happen to me in Sep. 2007. It was for medical bills. I received the same type of letter in a court paper document format. It was served to me at my front door. This wasn't a true legal document, I think they just formatted it this way to show they were very serious about this collection account and it could potentially lead to a lawsuit.. or something.

 

First thing I did was call and plead with the collection agency to allow me to set up some sort of payment plan. They wouldn't accept anything less than $250 to prevent further legal action, and I absolutely could not afford that. He said, "well, we'll see you in court then." I called many times after this with hopes of eventually getting them to agree to a payment plan, but they would not go under $250 (it was a medical bill for $1700).

 

It took a while (several months) but they finally filed a civil lawsuit against me. I received actual court papers for this soon after telling me I could respond with an Answer brief within 20 or so days. I typed up exactly what I told the man at the collection agency, that I had attempted several times to set up payment arrangements, and they wouldn't cooperate with me. About two weeks after I sent my Answer in, they came back with a response saying that I was just trying to dodge this debt which was not the case. About a week later, it came back as them winning and I got a judgement of $1900 or so and an order for garnishment.

 

We paid it off in early 2009, but it is still an ugly little mark on our credit report and it has prevented us from pretty much any sort of loan or credit card, no matter how big or small. My credit score went from being in mid-600s (which wasn't great, but I was working hard getting it raised) to 460's. 

 

All I can say is try to work with them in any way so it doesn't result in a judgement. 

Message 2 of 9
Anonymous
Not applicable

Re: Need help fast! Letter from attorney!

Thanks, I might try calling them to see if we can set something up.  I was avoiding payment because I don't have the money to PIF, and also because it's not currently on my CR.  It may sound stupid, but I didn't want to make a payment, which would 'activate' the account, and then have it added to my CR just because there was activity on the account.  Hopefully I will get it worked out.  Thanks for sharing your story!

Message 3 of 9
IOBA
Senior Contributor

Re: Need help fast! Letter from attorney!

I have another suggestion.

 

Start making payments, sent CMRR, to the CA, on a regular basis.   So if you get paid every two weeks, then send them a certified check or a money order (never use your own checks or a cc!) and always include a letter with your account number,  a running tally of the debt owed, and what payments have been made.

 

Chances are, they will cash those checks or money orders.

 

If nothing else, you have the return receipt, the new letter generated that shows you are steadily paying down the balance, and your receipts for the cashier checks/money orders.

 

IF it still goes to court, you provide (in your answer) photocopies of all of the docs and receipts.  No promise on how the judge will rule, but I tell ya, it looks pretty good for you that you have CONSISTENTLY made payments and the guys are suing you anyways.   And the lawyers look pretty stupid in court, telling the judge that what you are sending is not good enough - they want more.  Smiley Happy

 

I can't say I have exactly been there, done that.  But I have come close....the lawsuit threats -- but as I pointed out to you, I pointed out to them, I am making payments to the best of my financial ability.  And I do believe it's against the law for them to sue you for nonpayment of a debt when you are clearly making payments.

Message 4 of 9
Anonymous
Not applicable

Re: Need help fast! Letter from attorney!


@Anonymous wrote:

I've been receiving bills from a CA for quite a while, and now their attorney sent me a letter.  I've already DV'd, and the debt was verified.  I'm willing to pay the money, but I can't afford to pay it all at once.  I absolutely CANNOT have a judgment on my CR.  I've been working really hard to clean it up, so I can't have this on there!  The letter reads as follows:

 

 

This office has been retained to collect the above-referenced claim against you.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.  If you notify this office in writing within 30 days from receiving this notice, this office will:  obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification.  If you request in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

This communication is from a debt collector.  You are put on notice that we are attempting to collect a debt and any information obtained will be used for that purpose.

 

Very truly yours,

 

CA Attorney

 

 

What should my next plan of action be?  I could probably pay 1/2 of it in full, but I can't afford to pay the whole thing right now.  Will most CAs agree to a payment plan or something?  Basically, my biggest concern is how to avoid a judgment showing up on my CR.  Please help!


I would be surprised if they were not willing to accept half and work out a payment plan for the remainder.  You could also condition your payment on them not reporting the account to the credit bureaus, but I would add that part in after they have agreed to a payment plan.

 

What is the total amount of the debt and when was it first delinquent?  It is important to establish if the CRTP and SOL have expired. 

Message 5 of 9
Anonymous
Not applicable

Re: Need help fast! Letter from attorney!


@IOBA wrote:

I have another suggestion.

 

Start making payments, sent CMRR, to the CA, on a regular basis.   So if you get paid every two weeks, then send them a certified check or a money order (never use your own checks or a cc!) and always include a letter with your account number,  a running tally of the debt owed, and what payments have been made.

 

Chances are, they will cash those checks or money orders.

 

If nothing else, you have the return receipt, the new letter generated that shows you are steadily paying down the balance, and your receipts for the cashier checks/money orders.

 

IF it still goes to court, you provide (in your answer) photocopies of all of the docs and receipts.  No promise on how the judge will rule, but I tell ya, it looks pretty good for you that you have CONSISTENTLY made payments and the guys are suing you anyways.   And the lawyers look pretty stupid in court, telling the judge that what you are sending is not good enough - they want more.  Smiley Happy

 

I can't say I have exactly been there, done that.  But I have come close....the lawsuit threats -- but as I pointed out to you, I pointed out to them, I am making payments to the best of my financial ability.  And I do believe it's against the law for them to sue you for nonpayment of a debt when you are clearly making payments.


Unfortunately, no.  An exception would be where as part of a payment plan they expressly agreeded not to take legal action.

Message 6 of 9
IOBA
Senior Contributor

Re: Need help fast! Letter from attorney!

O6 - that can be the challenge, when they flat out refuse to a reasonable payment plan!

 

All the medical bills I have had all want to start payments at $250 or higher per month.  

 

I have been blessed that I have not been sued, but hey, it could happen.  I have an excellent reputation amongst the medical professions for making consistent payments until the debt is paid off.  It doesn't stop a certain place from sending it to collections within 10 days, but it is always given back to them, and they always accept my regular payments.

 

Can you just wave your magic legal wand and make it illegal for them to sue if you are being consistent about making payments??  Pretty please??

Message 7 of 9
Anonymous
Not applicable

Re: Need help fast! Letter from attorney!


@IOBA wrote:

O6 - that can be the challenge, when they flat out refuse to a reasonable payment plan!

 

All the medical bills I have had all want to start payments at $250 or higher per month.  

 

I have been blessed that I have not been sued, but hey, it could happen.  I have an excellent reputation amongst the medical professions for making consistent payments until the debt is paid off.  It doesn't stop a certain place from sending it to collections within 10 days, but it is always given back to them, and they always accept my regular payments.

 

Can you just wave your magic legal wand and make it illegal for them to sue if you are being consistent about making payments??  Pretty please??


I agree that getting them to accept a payment plan can be a major PITA.  I don't know much about the HIPPA process, but does that make things any easier for those with medical debts?

 

It was explained to me one time that doctors like to send accounts to collections because they feel they have a better chance at getting paid that way and it frees them up from having to be bill collectors instead of doctors.  I'm not sure how true that is, though.  I would think that cutting all the middle men out of the picture and dealing directly with the doctor would give better results.

 

I've got to fine tune that magic wand a bit.  Once I get it to work with getting the kids to STHU when I get home from work on paydays, I'll try to get it tuned to handle medical collections.  Smiley Wink 

Message 8 of 9
IOBA
Senior Contributor

Re: Need help fast! Letter from attorney!

Hospital (here) are NOTORIOUS for sending things to collections before the bill even reaches the insurance company!  If there is even a hint you might not be able to pay in full, it's gone to collections.

 

I pay, regardless.  Usually I can get things set up on a recurring cc payment.  

 

Besides reminding them that I incurred the bill with them, I owe them, I want to pay them, I have another little trick tucked away.   Smiley Happy    I remind them if I have to deal with collections, they will offer a settlement, and I will pay less than 50% of the bill, and they will receive about 40% of THAT amount.  

 

When I put it in that perspective -- accept payments for the full amount, or receive about 20-25% of the original bill -- they have always come back around.  It will still take about the same amount of time, or longer, to receive that money.  We still may not agree to the payment plan, but they accept my money every month.

 

You might wonder, why not let it go to collections and settle?   It would definitely save me money!  I don't, because It's the principle of the thing.  As much as I disagree with the outrageous amount charged, I did receive a service, and I agreed to pay for it.  Therefore, I need to pay.

Message 9 of 9
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