Question regarding CA

[ramona32]

I received a notice in the mail from a collection agency yesterday dated 05/06/08 in regards to a dental bill. Account was just turned over last week. Then I receive a call from CA at work today. They left a message. I return the call and the collection agent proceeds to give me someone elses bill and name of doctor as well as that persons name. Well then he realizes that he has the wrong info and proceeds to tell me about my account stating that the paper work is being drawn up at this time to file legal proceedings. HUH ! So I say can you just please repeat that I am not certain that I heard you correctly. Are you saying that I am getting ready to be sued. He states Yes. I call the OC-they tell me account was just turned over and they have not filed any court proceedings. Is this a violation for him to tell me that I am about to be sued. HELP anyone.

[llecs]

It is a violation if they tell you and they intend not to sue you. Though I have a strong hunch they are bluffing, because it is so early in the collection process. Also, telling you another patient's info is a violation of HIPAA.

I would respond to the dunning letter you received with a DV to the CA CMRRR. That needs to be in their hand 30 days after their initial letter.

Most copies of DVs in this forum include a statement that all future communications must be made in writing, or similar. Make sure that's in there. After you know they received the letter, watch your mailbox like a hawk and look at your caller ID. If they send another collection letter document it. They shouldn't be calling you anymore.

If you have the $$$, I would offer a PFD to the OC.

[ramona32]

This is a very new account and has not been placed on my CR yet. The dental office does state that they have not started or discussed any legal action. This collection agency only collects for the dental office. Doesnt that make a difference? As opposed to them buying the account.

[llecs]

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ramona32 wrote:

This is a very new account and has not been placed on my CR yet. The dental office does state that they have not started or discussed any legal action. This collection agency only collects for the dental office. Doesnt that make a difference? As opposed to them buying the account.

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Good point. Thought about that too after posting. Often because of HIPAA, a OC will not sell the debt to the CA for medical collections. I strongly believe now the CA was blowing smoke and did violate the FDCPA (Sect 807(5): prohibited action - "The threat to take any action that cannot legally be taken or that is not intended to be taken.").

I'd still DV but save for a PFD. Others like to draw blood and would probably say sue.