HELP with Debt Collector

feel the bern wrote:

(because it is fraudulent). I tried fighting it but the doctor refuses.

I'm a bit confused by this statement. If the man has committed a tort or a crime, you don't need his permission to fight it. If that was how it worked, no one would ever be found guilty of fraud.

Seems more likely that you just don't like the charge and have decided to call it "fraud" to justify your nonpayment.

browski wrote:

Bum. wrote:

Don’t worry about it. Answer the phone. Give them no information whatsoever. When they finish talking tell them to never call this number again then hang up. Block the number on your cell and get back to life.

Don't do this.

Or do. And wait until they go to court without you to get a judgment against you. Then you can pay the 1000 + interest + court fees. Enjoy.

+1

browski wrote:

Bum. wrote:

Don’t worry about it. Answer the phone. Give them no information whatsoever. When they finish talking tell them to never call this number again then hang up. Block the number on your cell and get back to life.

Don't do this.

Or do. And wait until they go to court without you to get a judgment against you. Then you can pay the 1000 + interest + court fees. Enjoy.

And once they get a judgement on you, (and they’ll do this if they are smart) don’t be surprised when you see that they’ve garnished your paycheck and or bank account.

browski wrote:

A couple years ago I woke up in the morning to an "account balance below minimum" email to find that I had had several thousand dollars taken from my checking account by a judgment against me that I was totally unaware of stemming from a credit card from college.

Do you mean they withdrew money from your checking account without your consent? I did not know that was possible.

Bound4Glory wrote:

browski wrote:

A couple years ago I woke up in the morning to an "account balance below minimum" email to find that I had had several thousand dollars taken from my checking account by a judgment against me that I was totally unaware of stemming from a credit card from college.

Do you mean they withdrew money from your checking account without your consent? I did not know that was possible.

It is called "garnishing" (sounds so much better than it is) and it is most definitely possible.

Yes I’ve had this happen to me once. I told the debt collection company to consider the debt uncollectible. I said to close the account and add it to my credit report if they had to I would never pay the bill they were trying to collect on. Never heard from them again.

browski wrote:

Bum. wrote:

Don’t worry about it. Answer the phone. Give them no information whatsoever. When they finish talking tell them to never call this number again then hang up. Block the number on your cell and get back to life.

Don't do this.

Or do. And wait until they go to court without you to get a judgment against you. Then you can pay the 1000 + interest + court fees. Enjoy.

There is a lot of really bad advice in this thread. Your advice might actually be from the guy trying to collect this debt. OP, the next time that they call, tell them that you don't remember this very old debt and ask them to provide proof that you actually owe it and that they are authorized to collect it. They will ask you to put your request in writing. Insist that they provide you with written proof before you do so. They will give up and resell the debt. Repeat as necessary with the next company. In time, it will disappear.

Maybe the OP should seek the advice of an attorney?

Regardless, please let us know how this turns out. And good luck to you sir.

was it really fraud? wrote:

feel the bern wrote:

(because it is fraudulent). I tried fighting it but the doctor refuses.

I'm a bit confused by this statement. If the man has committed a tort or a crime, you don't need his permission to fight it. If that was how it worked, no one would ever be found guilty of fraud.

Seems more likely that you just don't like the charge and have decided to call it "fraud" to justify your nonpayment.

Yeah, that’s what I suspect as well.

I ran into a similar situation a while back with auto insurance. They gave me a quote for 6 months of coverage and I paid the 6 months in full at that time. 4 months into my coverage, they told me they made a mistake and sent me a bill for $600 more than they quoted me. I found another insurance carrier which was way less expensive and canceled immediately.

They tried to back charge me $200 for the coverage I had during that period where I was insured by them. I called them up and told them they could take a frickin hike. If anything, I would sue them for the portion of the 6 months of coverage that they had not provided me based on our original agreement.

In any case, they sent this amount to collections. I responded in writing with all of the documents and agreements and explained my case. Never heard from them again.

If you can dispute this thing in writing, with proper documentation, they might just drop it. I can't comment on the statute of limitations, but that is certainly another option since you're so close. You could wait till then to send the letter. At that point, I would let them know that the statute of limitations had run out and then give the old "furthermore, this debt is not valid because of x, y, z."

If you are a Bernie bro and want to explore the possibility that you may find a kindred spirit at the debt collection agency, you could also claim that medical care is a human right, and that the doctor is obligated to provide you his time and materials regardless of whether or not you have anything to offer him.

OP, why do you think it was fraudulent? I would be willing to bet it’s a legitimate charge and you’re just not happy about the amount. That’s what happens when you don’t have insurance. You’re only chance is to settle, which I hope the debt collector only agrees to for 99 cents on the dollar. You have no case. The judge will laugh harder at you than he would at Rudy guiliani.

Explain this fraudulent charge. You're saying you were billed for medical services you did not get?

Just because it was more expensive than you wanted it to be doesn't mean it was fraudulent.

debt collector lawyer wrote:

OP, why do you think it was fraudulent? I would be willing to bet it’s a legitimate charge and you’re just not happy about the amount. That’s what happens when you don’t have insurance. You’re only chance is to settle, which I hope the debt collector only agrees to for 99 cents on the dollar. You have no case. The judge will laugh harder at you than he would at Rudy guiliani.

If you are an actual lawyer, you should refuse to pay back your school loans. They failed to provide you with a decent education. It doesn't matter one bit whether or not the charges here were legitimate. In most states, a medical debt of this age is out of statute and no legal proceedings can be initiated. Now, if some sleazy debt collector can get him to pay one dollar by threatening imaginary court proceedings, of course the clock would reset. The only legal way to apply pressure in this collection situation is through the threat of a negative credit report. If they follow through with that threat, it then ceases to be a leverage point and would fall of the credit rating seven years from the date of delinquency, not date of filing. Again, tell them that you don't remember this extremely old debt and you need to see documentation. It's a small amount and they know it's not collectable. They will most likely just give up.

It would cost more for them to enlist lawyers to gather it than the charge sum is for.