Debt validation letter

P

Pulvech

Guest
Jurisdiction
Florida
I got a letter from a collection agency saying that I owe them $3,648 in medical charges. It came under my name and address but another patient name. I sent them a debt validation letter asking for the usual; proof of their right to collect the debt in my state and that I owe the debt, etc.

They sent me another letter today with just a statement of "my account" just a bill with the amount and all the charges from the hospital.

My question is... Is that enough? How to I respond to that? I've been reading on the forum about they only need to provide the bill with my name for it to be validated but they didn't provide any of the proof I requested in my letter..
 
There's a difference between "proof" and "validation."

The criteria for "validation" is addressed by the US Fair Debt Collection Practices Act Section 809 which you can read at:

Fair Debt Collection Practices Act | Federal Trade Commission

As far as the law is concerned, the collector has complied. Whatever other "proof" you need is what gets presented in court.

Florida has its own Consumer Collection Practices statute. Study it at:

Statutes & Constitution :View Statutes :->2016->Chapter 559->Part VI : Online Sunshine

I don't think you are going to get anywhere with:

Pulvech said:
proof of their right to collect the debt in my state and that I owe the debt, etc.
Click to expand...

You're not denying that you owe the money, are you? You're just looking for a gimmick to get out of it and that's not going to happen.
 
Pulvech said:
I got a letter from a collection agency saying that I owe them $3,648 in medical charges. It came under my name and address but another patient name. I sent them a debt validation letter asking for the usual; proof of their right to collect the debt in my state and that I owe the debt, etc.

They sent me another letter today with just a statement of "my account" just a bill with the amount and all the charges from the hospital.

My question is... Is that enough? How to I respond to that? I've been reading on the forum about they only need to provide the bill with my name for it to be validated but they didn't provide any of the proof I requested in my letter..
Click to expand...


There are three debtor friendly states.
You live in one of them, Florida.
It's a rare day, even rarer debts that can cause a creditor (collector scavenger) to levy against any of your assets for unsecured consumer debts.

Yes, that's even true if the SOL doesn't yet apply.
 
adjusterjack said:
There's a difference between "proof" and "validation."

The criteria for "validation" is addressed by the US Fair Debt Collection Practices Act Section 809 which you can read at:

Fair Debt Collection Practices Act | Federal Trade Commission

As far as the law is concerned, the collector has complied. Whatever other "proof" you need is what gets presented in court.

Florida has its own Consumer Collection Practices statute. Study it at:

Statutes & Constitution :View Statutes :->2016->Chapter 559->Part VI : Online Sunshine

I don't think you are going to get anywhere with:



You're not denying that you owe the money, are you? You're just looking for a gimmick to get out of it and that's not going to happen.
Click to expand...


Of course i am trying to get out of it because it's no mine, the bill came for me but someone else was the patien.. Even when I called the Hospital they didn't give me an answer.

So I don't know what to do next.
 
Contact the creditor and dispute the validity of the debt. Also use the dispute process via the credit reporting agencies.
If they should ever try to sue you they will have to prove you are responsible.
 
Pulvech said:
Of course i am trying to get out of it because it's no mine, the bill came for me but someone else was the patien.
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Who, exactly, was the patient?

How is that patient related to or known to you?

Did you accompany that patient for that patient's medical treatment?

Did you sign any forms while that was happening?

The answers to all those questions may determine whether you can get out of this.
 
The patient is my cousin, he was hospitalized so I went to visit him on the hospital once and I never signed any forms they just took the picture of me and ask for my I.D at the entrance as they regularly do and nothing else.
 
Would have saved a lot of time if you had mentioned that at the getgo.

Pulvech said:
I never signed any forms
Click to expand...

If you are sure of that then you have the option of invoking Section 805(c) of the FDCPA:

(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Fair Debt Collection Practices Act | Federal Trade Commission

Send written notice that you are not responsible for the patient's debt, you refuse to pay it, and they should cease and desist any further attempts at collection.

Keep it simple and then see what happens.
 

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