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Collection Agency question.

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legacys7
Regular Contributor

Collection Agency question.

I'd recieved a call from a company titled. "Rush Curtis Associates." They claimed that they tried to call me numerous times. Not true because I never recieved a bill in the mail, nor did I get a message on my phone up till today. Anyways, the issue is about an X-ray that I'd taken back in 2008. Two things hit me. I had taken an X-ray, but there was another collection agency like 2 yrs ago that contacted me numerous times through the mail and phone. I ended up paying them off for the x-ray and they took the negative off of my report. So this collection has me puzzle because that is the only x-ray that I'd taken since I've resided in Ca. outside of one from my job dealing with workman's comp. 

 

I left a message with the x-ray company to see what the issue here is. Also. I'm surprised to get a message now if this was x-ray was back  during 2008. I don't see any negatives reports on credit report with this company or from, the x-ray company. Anyone can make sense of this? 

Message 1 of 24
23 REPLIES 23
down_n_out
Contributor
legacys7
Regular Contributor

Re: Collection Agency question.


@down_n_out wrote:

http://www.bbb.org/greater-san-francisco/business-reviews/collection-agencies/rash-curtis-and-associ...

 

http://www.yelp.com/biz/rash-curtis-and-associates-vacaville


The "Yelp" reviews are interesting. Especially the part where people that got calls from them, never recieved any type of letters. Both before and after the call. That was what got my attention. I never recieved any letters from this company. So I'm wagering that this was sent from another Collection agency sometime back to collect the debt that I'd paid like 2 yrs ago. I'd left a message for the x-ray place to answer some questions. I had to block these people. I'd requested an online copy of this so called big and these people are blowing up my email with the same message. 

Message 3 of 24
Anonymous
Not applicable

Re: Collection Agency question.

Send them a cease and desist notice CMRRR
Message 4 of 24
RobertEG
Legendary Contributor

Re: Collection Agency question.

You could send them a cease communication letter under FDCPA 805(c), but I would not personally recomment that course at this time.

 

You have the right to send them a DV, which imposes a total cease collection bar on them until such time as they have provided validation of the debt, as long as you send your DV prior to or within 30 days of their dunning notice.  That is more comprehensive than a simple cease communication letter.

 

In order to validate the debt, they most obtain confirmation of its validity.  With the fact pattern outlined, that would most likely be difficult.

While they do not have to send supporting documentation in order to validate, if they do validate, it carries a presumption that they have investigated and have obtained reasonble documentation to support their finding.  Validating eithr without conducting an investigation or without any supporting documentation of legitimacy would subject them to a serious cause of action for willful violation of the FDCPA.

 

Get a DV in the mail.

Message 5 of 24
legacys7
Regular Contributor

Re: Collection Agency question.


@RobertEG wrote:

You could send them a cease communication letter under FDCPA 805(c), but I would not personally recomment that course at this time.

 

You have the right to send them a DV, which imposes a total cease collection bar on them until such time as they have provided validation of the debt, as long as you send your DV prior to or within 30 days of their dunning notice.  That is more comprehensive than a simple cease communication letter.

 

In order to validate the debt, they most obtain confirmation of its validity.  With the fact pattern outlined, that would most likely be difficult.

While they do not have to send supporting documentation in order to validate, if they do validate, it carries a presumption that they have investigated and have obtained reasonble documentation to support their finding.  Validating eithr without conducting an investigation or without any supporting documentation of legitimacy would subject them to a serious cause of action for willful violation of the FDCPA.

 

Get a DV in the mail.


What I'm going to do first is call the x-ray place that sent this to them. The other thing that I plan on doing is finding that old collection from another collection agency where I'd paid. I need to see if this is the same company. This is the only x-ray that I took. The only thing that I can think of is, maybe my job didn't pay for an x-ray during my workman's comp. But that was a diferent x-ray. I've read where someone on Yelp had that issue. But I'll find out. 

Message 6 of 24
Anonymous
Not applicable

Re: Collection Agency question.

The Statute of Limitations unless it is a judgment by a court is four years in California.

Message 7 of 24
legacys7
Regular Contributor

Re: Collection Agency question.


@Anonymous wrote:

The Statute of Limitations unless it is a judgment by a court is four years in California.


Good call. Yeah this bill is 6 years old. I'd called the xray place, they'd confirmed that there was an xray taken. Two things that she'd pointed out to me. One, there would be separate test. Meaning more than one bill. According to her, it's the only bill in their system that's owed. So I need to find the other collect agency that I'd paid and match up the bill. This was back in 2008. A bill that old would appeared on my report way back then. Nothing on my report accept that old xray around that same year that I'd paid off, and the collection agency took it off of my report. Wagering that this bill is the same one, but the agency sold it to them before they collected the fees from me.

Message 8 of 24
DaBears
Senior Contributor

Re: Collection Agency question.

+1 Robert, Simply send a DV to the CA that is trying to collect. If you can find the docs that would support that you paid it full with the last CA . If the DV is timely as stated. It will put a cease collection bar on the CA. 

Message 9 of 24
legacys7
Regular Contributor

Re: Collection Agency question.

Here's another related question. If this debt was back in 2008, can the CA report this to my report? I haven't seen anything on my report from them last year. What I've found out so far is, there is another creditor that they'd merged with called, "AMA." From what I got from AMA, it's not consistent with what the xray place told me. The xray place said that AMA bought it first, but the other place bought the debt. What's odd here and the lady at the xray place agreed, the debt should've been already on my report. 

Message 10 of 24
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