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Please Help

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Anonymous
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Please Help

I have an outstading bill from the hospital for 4,000.  It got sent to a CA.  About 9 months ago I called them trying to make arangements and the lady was so rude to me makeing all kinds of threats saying this would be on my report for twenty years, I could never own a home, my husband could lose his job and so forth.  That is when I started reading up on credit issues.  I soon after sent her a letter stating that due to her unprofessional demenor I would only like to communicate through the mail.  I never heard from them again.  Yesterday I get a summons because the hospital sued me for the amount.  The court date is in two weeks.  I emailed the attorney to see if we could settle the matter before then.  This morning I get an email from the CA (from the lady who was so mean)  Saying that if I want to settle the matter I will have to call her.   I feel like if I write her a letter it will never get resolved over the next two weeks but I don't want to speak with her.  Am I in any position to try to offer less money on the bill to settle it or to ask for a pay to delete?  I feel like I'm being blackmailed.  Thank you for any help or advise!  (Sorry so long winded)
Message 1 of 8
7 REPLIES 7
Junejer
Moderator Emeritus

Re: Please Help



@Anonymous wrote:
I have an outstading bill from the hospital for 4,000.  It got sent to a CA.  About 9 months ago I called them trying to make arangements and the lady was so rude to me makeing all kinds of threats saying this would be on my report for twenty years, I could never own a home, my husband could lose his job and so forth.  That is when I started reading up on credit issues.  I soon after sent her a letter stating that due to her unprofessional demenor I would only like to communicate through the mail.  I never heard from them again.  Yesterday I get a summons because the hospital sued me for the amount.  The court date is in two weeks.  I emailed the attorney to see if we could settle the matter before then.  This morning I get an email from the CA (from the lady who was so mean)  Saying that if I want to settle the matter I will have to call her.   I feel like if I write her a letter it will never get resolved over the next two weeks but I don't want to speak with her.  Am I in any position to try to offer less money on the bill to settle it or to ask for a pay to delete?  I feel like I'm being blackmailed.  Thank you for any help or advise!  (Sorry so long winded)



Hi Grace, welcome to the forum. I am sorry to hear about your problem. One of the first things I would do is get an attorney. You can search for and interview one in your area at www.naca.net 

You need to answer the summons. Were you "properly served"? I believe that means something different, depending upon where you live. In my state, the Sheriff, a PI or a Process Server has to serve you the papers.  You need to show up in court as well.

The next thing that I would do is DV the CA CMRRR. You also need to make and keep careful records of your communication with everyone. It sounds like the CA is out of line. There are laws to what they can and cannot say in order to collect a debt.

Who's reporting on your CR?  Again, sorry this happened to you.  Please get on the atty ASAP.  In fact, all of the things that I have outlined should be done today.  Others will chime in with more suggestions as well.






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Message 2 of 8
Anonymous
Not applicable

Re: Please Help

Hi Grace, welcome to the forum! Smiley Happy

There is a wealth of information here, and many knowledgeable people here to help you get credit healthy.

Firstly I want you to know, you are not alone! Many of us have experienced exactly what you are experiencing now. Take a slow, deep cleansing breath. We will help you sort this mess out. I suggest no contact at all, until you've talked to us in detail about it.

Secondly, NEVER talk to a collection agency on the phone. never. All correspondence should be in writing. And quite often CMRRR(certified mail, return receipt requested) is needed.

Now then, we need to determine several things:
1.) who actually owns the account? The hospital or the collection agency?(this is important, as it determines the best course of action for you)
2.) how old is the original bill? is it past the SOL(statute of limitations)?
3.) Are you POSITIVE the bill is actually yours? I mean without a doubt?
4.) How is it showing on your Credit Report? If you've not pulled your CR you should do so immediately, and see which CRA(credit reporting agency is reporting it.

As you can see, we have our own little language for abbreviating things as much as possible to cut down on typing. Look in the 'sticky threads' at top of page in orange and find "Guide to Common Abbreviations" and print it for future reference. You'll be looking a lot of stuff up until you become accustomed at our lingo.

I'm sure others will chime in shortly with their thoughts.
Message 3 of 8
Anonymous
Not applicable

Re: Please Help

Oh dear! Once again, I didn't absorb all that Grace said! Sorry dear. Didn't see the summons part. This needs to be dealt with TODAY. At least get some things initiated.

Follow ByrdMan's advice. He's VERY knowledgeable on these issues.

Message Edited by Sylviatob on 02-21-2008 09:38 AM
Message 4 of 8
Anonymous
Not applicable

Re: Please Help

Hi GraceK, welcome. First some states have no SOL on hospital bills. Have you tried calling the hospital and making payment arrangments with them?
 
The date we need is the date you left the hospital That is when you start counting SOL(or the month after)
 
You need to call the courthouse and ask what to do.......they will usually send you papers for you to fill out & must be returned within 30 days.   Always appear in court!!
 
Never talk to a CA or their lawyers!!!!!  everything in writting!!!
 
Send the CA a DV  CMRRR     very important!
 
Are they reporting?
Message 5 of 8
Junejer
Moderator Emeritus

Re: Please Help

Court date is in two weeks. If she is going to fill out papers, she had better get down to the courthouse in person and fill them out today.






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Current Score: 819
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
Take the myFICO Fitness Challenge
Message 6 of 8
Anonymous
Not applicable

Re: Please Help

Thank you everyone for the quick advice. 
 
It seems as if the hospital must still own the debt  though the CA is reporting it on my CR.  I think this because on the summons it says the hospital vs. me.  I do not need to show up in court unless I want to dispute the debt which I can't because it is my bill.  It is from 3 years ago so I don't think the SOL is up.
 
Do you think that I could call the billing dept. at the hospital and work something out or is it no longer in their hands?  What would happen with the CA if I did that?  What about sending the CA a settlement letter in the mail?  Can e-mail be considered a good way to have things in writing?
 
Exactly how badly does a judgement effect your credit?  Say Vs. a collection accout?
 
Thank you all so much.
Message 7 of 8
Anonymous
Not applicable

Re: Please Help

Grace,
 
You may still be able to negotiate directly with the hospital, but don't ignore the summons either, just in case things fall apart. The cool thing is that if you can somehow negotiate with the hospital to make payments directly to them and they cancel the lawsuit, that would also mean that the CA may be forced to remove the collection. There is some language out there (someone help me out with this please) that states if a debt is transferred back to the OC then a CA can no longer report it. Try and search for this info when you have a chance, but first get some help with this summons so you don't end up with a default judgment!
Message 8 of 8
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