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Hi Guys,
Nice to see this forums, its really having lot of information. I am not able to find a specific answer to my query, what is proper medical debt validations?
I had send a Medical debt collector, a debt validation letter in a certified mail. They did responded back to me, in a week,
1) With a letter stating on their letter head that debt is verified and XXX is the amount
2) Statement saying the name of original creditor and what they have purchased (not on creditors letter head)
3) Bills generated by Original Creditor (hospital's letter head, showing name of patient and treatment performed)
In my debt validation, i had requested the DC to provide me a signed/contract agreement with the creditor, that I actually owe and am responsible to pay this debt. This particular document i am not seeing, below is what i had requested and not received:
Are they just suppose to send us bill and creditors name, nothing like an agreement or original signed document?
Another thought on this, am i suppose to request the signed document from the Original Creditor - Hospital?
@Anonymous wrote:Hi Guys,
Nice to see this forums, its really having lot of information. I am not able to find a specific answer to my query, what is proper medical debt validations?
I had send a Medical debt collector, a debt validation letter in a certified mail. They did responded back to me, in a week,
1) With a letter stating on their letter head that debt is verified and XXX is the amount
2) Statement saying the name of original creditor and what they have purchased (not on creditors letter head)
3) Bills generated by Original Creditor (hospital's letter head, showing name of patient and treatment performed)
In my debt validation, i had requested the DC to provide me a signed/contract agreement with the creditor, that I actually owe and am responsible to pay this debt. This particular document i am not seeing, below is what i had requested and not received:
- Provide me with copies of any papers that show I agreed to pay what you say I owe
- Prove the Statute of Limitations has not expired on this account
- Show me that you are licensed to collect in my state
- Provide me with your license numbers and Registered Agent
Are they just suppose to send us bill and creditors name, nothing like an agreement or original signed document?
None of this is required for DV under FDCPA. They have provided FDCPA Debt Validation, according to current case law.
Norman is exactly right.. and in my experience the only item you'll have a chance at getting them to provide above and beyond what you've already received would possibly be a signed COA from the original creditor. The rest of those things (Statute of limitations and licensing information) you can actually find on your own searching for collection licensing for your state.
FDCPA 809(b) does not explicity define what is or is not adequate validation of a debt. It only requires the debt collector to obtain verification.
When a statue is subject to interpretation, it is left to the courts to determine its specific meaning.
Court interpretation is only binding upon other courts if the court opinion is that of an appellate court, and then it is only binding case law for other courts within that appellate jurisdiction.
As a result, there are numerous interpretations of what is or is not adequate validation of a debt.
You will find some case law that interprets a requrement for supporing documentation, but that interpretation is not generally applicable unless and until the opinion is that of the U.S. Supreme Court. To date, the Supreme Court has not taken up the interpretation of debt validation under the FDCPA.
The overwheliming body of appellate case law is as stated by Norman...... validation requires no supporting documentation.
However, there are a few scattered appellante jurisdicitons that have estalbihed precedent that does require some degree of documentation.
There is thus no consistent legal criteria, and what is or is not adequate validation boils down to what the judge determines based on the case law in the jurisdiction of the court, and the facts of your individual case.
You can always, should you feel the debt collector has not provided adequate validation, bring legal action if and when they resume active collection on the debt, and make your case with the judge. However, it is prudent to first research the appellate case law in your state and federal jurisdiciton.