where to submit MGL93A demand letter

[ilya80]

Jurisdiction

Massachusetts

Hi,

I have a debt in collection. I disputed the debt and requested verification per 940 CMR 7.08(2). The debt collector has not responded to the dispute. Two months later I sent a letter to the collector requesting to close the file. The collector also has not responded. The collector continues to collect the debt. I want to send the MGL93A demand letter and demand relief under 1692(k)(2A) (statutory damages). I have 3 different addresses for the collector: Principal Office, Massachusetts Office, and address of the Registered Agent. Which address should I send the demand letter to? The collector is registered as a Foreign Corporation.

Related question: I am required to disclose accounts in collection to my employer. An account in collection is a serious negative mark. I asked the collector to stop collecting unverified debt and close the file, but the collector has not responded. Would it be reasonable to try to bring an action under 1692d (harassment, oppression, abuse)?

Also, collector did not provide the address of the original creditor as they should under 1692g.

I hope the collector responds to the 30-days demand letter by closing the file. If not, I am thinking of suing under 1692d, 1692g, 940 CMR7.08(2) and MGL93A, because they continue to collect unverified debt and continue to damage my employment record. The demand would be to close the file and damages (if any) as allowed by the court.

Is there a better approach?

Thanks.

 

[adjusterjack]

You're wasting your time. You have nothing to sue for as long as the debt collector is not actively dunning you for the debt.

According to the US Fair Debt Collection Practices Act Section 809 Validation of Debts, if the collector does not respond to you within the required time, the collector must cease its collection efforts.

Fair Debt Collection Practices Act | Federal Trade Commission (ftc.gov)

It appears that your collector has ceased its attempts to collect the debt for now, so you have no grounds to sue.

If, at some point, the collector files a lawsuit, you can raise your "dispute" as a defense.

Massachusetts supposedly follows the federal statute. Start with Section 24 to find it.

General Law - Part I, Title XV, Chapter 93, Section 24 (malegislature.gov)

How much does the creditor say you owe?

How much do you say you owe?

How do you account for the difference?

 

[ilya80]

Thanks for the reply. You are right.

What is considered a "collection effort" or "active dunning" as you called it? Emails? Phone calls? Regular letters? Credit reports? Lawsuit? Someone showing up on doorsteps with a pipe wrench?

You are saying they "ceased". Not completely. They continue to demand payment through electronic communications. Is it not serious enough to bother?

I think, the only way your questions could be answered is through declaration against the original creditor. But if I were to initiate the process, it seems costly, difficult, and I am not sure what a declaration stating that I don't owe this debt could potentially give me.

Thanks.

 

[adjusterjack]

You are saying they "ceased". Not completely. They continue to demand payment through electronic communications. Is it not serious enough to bother?

See Section 805 of the US FDCPA (c) regarding ceasing of communications. You have to be specific per the first paragraph.

If they keep sending you notices after that, see Section 813 for your remedy.

I think, the only way your questions could be answered is through declaration against the original creditor. But if I were to initiate the process, it seems costly, difficult, and I am not sure what a declaration stating that I don't owe this debt could potentially give me.

You don't "declare" that you don't owe the debt, you "prove" you don't owe it by submitting appropriate documentation to the original creditor.

How, and when, did this alleged debt come about in the first place, and why wasn't it resolved when it first came up?

And how much do they say you owe? Dollar amount?

Background might get helpful comments.

 

[ilya80]

To seek remedy under 813 I have to send the MGL93A demand letter. What address should I send it to: Principal Office, Massachusetts Office, or address of the Registered Agent? I think it is Registered Agent, but I am not sure.

Here is why the matter was not resolved earlier:

An in-network medical provider performed an experimental/investigational test without my knowledge and consent. By doing this, the provider breached the in-network agreement with the insurance and insurance policies written in the provider manual. Here is the quote from the contract:

"If you intend to provide a noncovered service to one of our members, we require that you do both of the following prior to providing the service: ● Notify the member that their insurance will not cover the service. To avoid misunderstandings, we strongly recommend you provide this notification in writing at each specific occurrence of a noncovered service. A general financial responsibility form is not sufficient. ● Obtain the member's signature to a written consent statement that says they: - Understand the service is not covered by their insurance; - Agree to be financially responsible for the cost of the service. It's important that you retain this signed consent statement. In the event of a dispute, we may hold you financially responsible if you can't produce it."

The contract states that the provider must notify the patient that the test is experimental/investigational and obtain specific consent forms. It was not done. The contract also states that if these consents were not obtained, the cost is the provider's responsibility.

I refused to pay the bill. The provider continued to demand the payment and sent the bill to collection. In the dispute with collector, I requested the consent forms (that I never signed) under 940 CMR 7.08(2). The collector has not responded to the dispute.

The issue is that I have to disclose an account in collection to my employer. It is considered a serious negative item. Is there a way to close the collection account and not let it stay dormant for years?

 

[adjusterjack]

I don't ask questions without having good reason to ask them.

When was the debt incurred (date of procedure)?

How much is claimed to be owed? Dollar amount?

 

[ilya80]

Sorry forgot to answer.
Test date March 2021.
Amount slightly above $600.

 

[adjusterjack]

Test date March 2021.

Well within the statute of limitations for a lawsuit.

Amount slightly above $600.

A little less likely that a collection agency would spend the time and money on suing for that amount.

There isn't any way of making this disappear off whatever record that it's on no matter how many letters you write.

Have you checked all three of your credit reports to see if it's listed, either by the provider or the collection agency?

Free credit reports at www.annualcreditreport.com

The issue is that I have to disclose an account in collection to my employer. It is considered a serious negative item.

Then pay it and be done with it. In the grand scheme of things it's not a lot of money compared to the possibility of losing your job.

 

[army judge]

Well within the statute of limitations for a lawsuit.



A little less likely that a collection agency would spend the time and money on suing for that amount.

There isn't any way of making this disappear off whatever record that it's on no matter how many letters you write.

Have you checked all three of your credit reports to see if it's listed, either by the provider or the collection agency?

Free credit reports at www.annualcreditreport.com



Then pay it and be done with it. In the grand scheme of things it's not a lot of money compared to the possibility of losing your job.

Common sense information is no longer common, its uncommon today.

Common sense was lost.

You found it.

As a long time acquaintance of common sense, thank you.

 

[zddoodah]

Two months later I sent a letter to the collector requesting to close the file.

What exactly does this mean, and what makes you think you have any control over whether or not the collector closes its file?

The collector continues to collect the debt.

By doing what?

I have 3 different addresses for the collector: Principal Office, Massachusetts Office, and address of the Registered Agent. Which address should I send the demand letter to?

Why not all three?

I am required to disclose accounts in collection to my employer.

There's no law that requires an employee to disclose indebtedness to an employer. Whether or not it's required by your employer is obviously something only you would know.

Would it be reasonable to try to bring an action under 1692d (harassment, oppression, abuse)?

Depends on what exactly the collector is doing.