Is this legal?

What collection agency are you dealing with? Most of them use these scare tactics to get you to panic and pay them. They have to have a court order and judgement to garnish wages. Do not send them checks or give out info with you banking account info-they will clean you out. Have them validate the debt..Karen

Please send them a debt validation request ASAP. You can find a sample in the DIY section of the forum. Send it certified mail with return receipt so you have proof they received it. I live in Ohio as well and I don't think they can garnish a spouse's wages unless it was a joint debt to begin with. You may want to check out the attorney general's webpage for more clarification on this though.

It's Fidelity National Collections.

They're collecting for a hospital bill that was over two years ago that was supposed to have been waived. *sighs* I called the hospital and they said they'll send me the paperwork again so I can fill it back out and send it to them. The very hospital visit they're trying to collect for was the one that determined I'm unable to work. Kind of ironic, in a really bad way.

Fidelity National collections sees the debt as legitimate because it never got waived off like you thought in the first place. They will hold you responsible for clearing the account until you get the dispute resolved with the hospital. You need to reply with a dispute letter to the collection agency and notify the present situation.

What should the letter say?

You need to get the debt validated from the law office. Did you get anything in writing from them earlier? They need to present all details related with your account. See the fdcpa laws on debt validation.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

See the sample debt validation letter here

http://www.debtconsolidationcare.com/forums/about216.html

Once you get all the required information about debt validation, send a dispute letter mentioning that you are dealing with hospital in regards to fixing a dispute.

I've never heard from the CA before today. I didn't even know about it, nor is it on my credit report(he even confirmed it isn't on my credit report).

I called to find out why the bills weren't waived and the guy started threatening lawsuits(over a $188 bill) left and right, then tried to get me to take their credit card so I could pay it off and then pay them with direct deposit or postdated checks. Whenever he started asking me about my husband's income and where he worked the red flags went up and I told him I didn't feel comfortable giving him that kind of information, but I was going to call the hospital and talk to them. That's when he started saying they'd garnish his wages and that, if I didn't call back by 5PM tomorrow, they'd take action.

I called the hospital and they told me they didn't know what happened to the paperwork. I told her I don't have a job and I didn't have a job then, so she told me she would send the papers to me for me to fill out and as long as I didn't have a W2 from 2005(which I don't), they'd stop the billing.

Should I just go to the hospital in person and see about filling out the papers? Since they're willing to waive the bill, given that I don't work, I could work with them on payments, instead of the CA, if it came to that, right?

ETA: Is it legal in the state of Ohio for a CA to garnish the wages of a spouse, even if the spouse is not listed on the account, etc.? My husband signed nothing, he wasn't even with me when I went to the hospital.

The guy from the CA also said "as far as I know, your husband makes $50-$60k!". Uh, yeah, sure. o_O If I had the money to pay it, I wouldn't be arguing with them over it being waived!

I don't know anything about Ohio law, but generally they cannot 'take all' of his paycheck. Unfortunately, Ohio has among the longest SOL periods in the country.

I got the paperwork today and filled it out - we came in under the allowed income amount, so it should be taken care of(I hope).

"Is it legal in the state of Ohio for a CA to garnish the wages of a spouse, even if the spouse is not listed on the account, etc.?"

A collection agency would first have to obtain a judgement before it could begin garnishment procedures. I believe they could only sue you, as only your name is on the account. At any rate, they could only garnish wages of the judgement debtor. If your husband was not sued, then his income is secure.

Has the collection agency threatened to garnish your husband's wages? If so, I believe OH is a one party consent state, and you may be allowed to record phone calls. They could end up owing you for fdcpa violations.

Yes, they did threaten to garnish his wages. The guy was very adamant about it, insisting that I call him before 5PM today if I didn't want them to "take action". I couldn't believe he was threatening to sue over $188, let alone speaking of garnishment and whatnot.

Confirm your state's recording laws, and if definately legal, try to tape the calls. Each fdcpa violation is I believe, $1,000. Alternately, you could send them a verbal cease and desist letter; restricting all communication to letters only.

Personally, I'd try to go after them. CA's paying for illegal collection tactics is the only way to change the way they do business.

You need to file a complaint with Ohio attorney general also, Let the guy know when he calls the next time that you are disputing this and that you intend to file a complaint, and then do it. You can google you attorney generals office and file the complaint right online, even if you only have the company name and phone number. Next time he calls, ask him for more contact information to make the complaint more complete. make sure you print a copy of the complaint.

becareful recording phone calls some states allow it others dont if your in a state that doesn't allow it, you have to let the person you are recording know they are being recorded

becareful recording phone calls some states allow it others dont if your in a state that doesn't allow it, you have to let the person you are recording know they are being recorded, ohio allows it, here is the links for others interested in knowing
http://answers.google.com/answers/threadview?id=535840

It is not going to hurt if you record a call if you live in a 2 party consent state. If they violate the fdcpa, it may not be admissible in court. HOWEVER, state attorney generals offices will listen and take note of violations. You might not win a lawsuit, but that doesnt mean that the state AG's office won't fine them for violations or reject their licensing.

I luckily live in a one party consent state. Recording can be fun!!