Collection Fees

[Anonymous]

Can a CA who was assigned an account (or the OC to pay the CA and retain their full $) add collection fees to the amount owed (this is a med bill)?

In my case, the OC will not delete - but will only mark "paid" (for payment of their fee in full - no negotiation)..

Does someone know of any code/caselaw etc - covering this?

And should a collection account have a status of open or closed?

Message Edited by Lady_Scarlet on 01-25-2008 05:30 PM

[Anonymous]

Scarlet, I have a couple of medical bills on my reports.

The one I paid that I can't get removed shows closed.

The one that the CA claims knowledge of my medical records, that I still have yet to receive their info, and is not paid, shows as open.

I have had several med collections and so far, none have added on fees. (Maybe I just got lucky?)

Hope this helps!

[annah]

I believe they can.. Most docs offices and hospitals have in the small print, when you sign for financial responsibility, that they can add collection charges.

I just got stuck with $200 in collection fees from a dentist bill. yuck.

[Anonymous]

My eyesight is awful (They/I/Someone got nitro in my right eye, vision shot)

But, I have plenty of those forms I've signed, I will have to break out the magnifying glass to read the fine print. Should be fun.

[annah]

I only noticed it in the first place, when I went to the hospital to deliver my son.. I wanted to know what exactly I was allowing them to do to me- if I actually had the right to refuse specific services or if they could strap me down and do whatever they wanted. LOL  Lots of nasty suprises in the small print. I make it a point now to read all the stuff that I sign, even if it takes me an hour to get through it.

[Anonymous]

Read what you sign in the ER?  Last year I had a heart attack, paramedics took me to nearest ER (I was unconcious), put me in ICU and placed me into a medically induced coma.  5 days later, my HMO had me transferred to one of their hospitals.  They brought me out of the medically induced coma to sign those **bleep** papers and then put me back under!

[annah]

Yikes!  I'm so sorry!!

I'm absolutely terrified of giving control of my body to another person (doc, hospital, whoever). I probably would send myself into panic attacks just thinking about it!

[Anonymous]

Lady - sorry we got off topic.

I do believe there are FDCPA rules regarding fees CA's can add.  Many states have limits on fees as well.  What state are you in?

[Anonymous]

Maryland - and I'm getting hit with 30% CA fees (on an assigned debt)

[Anonymous]

How old is this debt?  Maryland has short SOL's:  3 years for collection of open accounts, written contracts and oral agreements.  6 years for promisory notes.

FDCPA:

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.  Without limiting the general application of the foregoing, the following conduct is a violation of this section:

• (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

IMO - where FDCPA says "or permitted by law" refers to state laws/statues.