Pls help with medical collection. (TX code or FDCPA)

[Anonymous]

Hello all! After lurking for some time I decided to go ahead and make use of my account. 

I have one account in collections that is being reported to EX and TU but not EQ. This is a medical debt. The OC, CA, and myself are all based in Texas.

I strongly believe this specific medical debt is due to identity theft. This collection account was reported in 2015. I visited multiple hospitals that year, but I don't have any documents or recall visiting this specific hospital. I have NOT had any contact with the OC or CA.

After reading through several threads, I discovered "DV letters", FDCPA, and the TX code. However I didn't see a consensus among posters on how to best proceed considering my belief that this account is due to identity theft. 

I appreciate any suggestions on how to move forward.

[rmduhon]

I'd use the Texas DV letter because the CA is required to provide validation within 30 days or delete the account until they can provide it. If they do provide validation you should be able to figure out it this is yours or not (whether it's identity theft or error). FDCPA doesn't require that.

[RobertEG]

In addition to the response period imposed upon the debt collection, as mentioned by rmduhon, the TX Finance Code also does not have a timeliness requirement on the consumer of 30 days from receipt of dunning notice.

If more than 30 days has expired since they sent dunning notice, a DV under the FDCPA would be untimely, and could be ignored.

The more pressing issue is whether you also wish to pursue the ID theft process under FCRA 605B by filing a police report, which will permit block of the collection from your credit report.

[Anonymous]

rmduhon, thanks for your reply. I did some more reading and came to the conclusion that using the TX DV will be my best option.

[Anonymous]

RobertEG, before you replied I was actually reading several of your answers to similar questions. You are very knowledgeable and helpful. Is it alright if I dm you a little later?

[rmduhon]

@RobertEG I thought about the identity theft provision, but since the OP isn't sure (and it could be a mistake, such as a similar name) I'm not sure if that would be a good option at this point.

[medicgrrl]

I would start by calling the hospital to figure out if it is your debt or not since you stated you visited several hospitals that year.  

[Anonymous]

Bumping this again to see if there are any other suggestions