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Bill just keeps going up

Date: Sat, 01/15/2011 - 05:36

Submitted by Davey Britton
on Sat, 01/15/2011 - 05:36

Posts: Credits: [Donate]

Total Replies: 5


I have a problem with a medical bill that has gone to collection. First, I owe this bill. My wife made arrangements to pay 150.00 a month on the total which was 3000.00. she made 10 payments and the bill was still 3200.00. This CA is in Tennessee so they can get 10% interest as far as what I have learned. Now I am not a genious but that is 300.00 dollars. Now 3000 + 300 - 1500 =1800.00. I was taken to court and garnished on a total of 3267.00. The CA will not tell me where my money went and how this figure was arrived at. Incidentally my wife stopped paying payments when she found out after paying the 1500 that the bill had gone to 3200. I can't afford a lawyer and don't know what to do. As far as I can tell this bill is now starting at 4700.00. Please someone could I get some advice on how I can get informatiom where my money went or any recourse I may take to stop this spiral to the heavens. Thanks in advance for any help


What is the name of this collection agency? Are you aware that TN requires a collection agency to be licensed by the state? You can check their collection license at the following link:
http://tn.gov/commerce/boards/collect/index.shtml
There are some exceptions for collection agencies, see below:
STATE: TENNESSEE

[QUOTE]INTEREST RATE

* Legal: 10%
* Judgment: 10% (or contract rate) (varies with type of transaction)

STATUTE OF LIMITATIONS (IN YEARS)

* Open Acct.: 6
* Written Contract: 6
* Domestic Judgment: 10
* Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)
Treble damages up to $500 + 10% interest & reasonable service charges, atty.'s fees, & court costs.

GENERAL GARNISHMENT EXEMPTIONS
See federal law. Add $2.50 per wk. for dependent child under 16.

COLLECTION AGENCY BOND & LICENSE

* Bond:
o $15,000 1-4 employee
o $20,000 5-9 employee
o $25,000 10 or more
* License: Yes
* Fee:
o $600 - Original
o $350 - Renewal
o $25 - Each Solicitor
* Exemption for out-of-state collectors: Contact state licensing authority. Out-of-state agencies may be exempt if they [1] maintain office in another state; [2] resides in a state that provides reciprocity; and [3] comply with provisions of licensing.
[/QUOTE]
If you find they aren't properly licensed I would file a complaint with the TN Collection Service Board.


lrhall41

Submitted by Shazzers on Sat, 01/15/2011 - 08:27

( Posts: 17344 | Credits: )


Under Section 808 Unfair Practices of the Fair Debt Collection Practices Act under the Consumer Credit Protection Act, federal law prohibits a debt collector from collecting any amount (including any interest, fees, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

If a debt collection agency owns your account, and you did not expressly enter an agreement to pay interest and fees to that collection agency, than they cannot charge you anymore than what the already existing balance is.


lrhall41

Submitted by Shazzers on Sat, 01/15/2011 - 08:28

( Posts: 17344 | Credits: )


What do you mean by garnishment? A garnishment can only be obtained through a court of law. Now, on the other hand, perhaps what they are talking about is a wage assignment, and as you said your wife agreed to it? Well then, if that is the case, you can easily revoke it at any time, just send a letter to them like the example below, make sure you date it and send it certified, return receipt requested. If this collection agency is not licensed, they can not sue you, if they try, then you can protest it due to the fact that they do not have the proper licensing as required by your state.
Quote:

The date
Your name and address
The name and address of the creditor
Your account number with the creditor
Dear Sir or Madam,
I hereby revoke your right to use any wage assignment I agreed to. You no longer have my permission to use this wage assignment. I am also revoking your right to debit any and all of my personal accounts per the EFTA, regulation E, which is a federal law. If you fail to abide by my wishes, there will be consequences to your actions as I am sure you are aware. I have sent a copy of this to my employer and my financial institution, therefore any wage assignment or debit request or made by your company will be denied.
Sincerely,
Your signature


lrhall41

Submitted by Shazzers on Sun, 01/16/2011 - 10:06

( Posts: 17344 | Credits: )