URGENT . . . It just keeps getting worst and worst (long)
Date: Thu, 08/30/2007 - 09:38
About two months ago, a bottom feeder collection law firm (Love, Beal & Nixon) decided to file a summons for a volunteer reposession of my harley, which I turned in over two year's ago. Now, I have received a phone call from a local hospital's accounts payable department that the account I have been paying $75 per month on has been noted to have 6 returned checks, therefore, they want their $11,726 now or they will seek action against me on Monday. My bank account shows these items clearing my account, sometimes they have dinged me twice instead of once. They also stated that they are going to persue action regarding the returned checks . . . and if things just can't get any worst here in OK, I have been charged with food stamp fraud - which I have documented evidence showing that I had every right to collect the food stamps for the meer three months I was on them. A woman I befriended at the time (which turned out to be a psycho-bully) had a dispute with my husband and reported me. This was back in January 2006 and she is the only person that knew I had needed to obtain food stamps (not something one would go around sharing with the community). I turned all of my supporting paperwork in as they requested and I did not hear from them until 2 months ago (1.5 years later). This woman had a dispute with another community member (which was my co-worker at the time) and I believe called DHS to follow up on her complaint. They phoned to let me know that they have finalized their paperwork and I owe $1,012. I am now facing Food Stamp fraud felony charges all based on a neighborhood bully's phone call. I have never even had a parking ticket. This state is so unfair and will not let up. My question is what can the hospital do and what should I do? Right now my credit states I owe approximately $30,000+ based on medical bills and the returned Harley. Thanks for listening/reading.
Wow, sounds like you've had quite an eventful few years. I
Wow, sounds like you've had quite an eventful few years.
I would recommend obtaining the counsel of an attorney in these matters, and quickly. Especially on the Food Stamp fraud charges. I'm not saying you are guilty of it, only that these matters are far from a minor problem - the government does not take Food Stamp fraud lightly, and they will be pretty relentless on you unless you can prove they filed the charges in error.
Again, I would suggest you talk to an attorney as soon as possible on both the fraud and bad check issues. Both of these could land you in pretty hot water.
Thank you. Actually, this has all happened over the past four m
Thank you. Actually, this has all happened over the past four months. I most certainly have an attorney for the Food Stamp fraud charges, however, I have not acquired an attorney for the other outstanding items due to not knowing the bad checks existed because the payments were coming out of my account.
I would definitely consult an attorney regarding the bad checks,
I would definitely consult an attorney regarding the bad checks, and take your proof that they cleared your bank. It would be an easy matter for your attorney to draft a quick letter to the medical provider stating that you have proven beyond a doubt that the checks cleared your bank account using your bank statements as proof. I would say the ball is in your court at this point, and in order to prove you are guiltless in the returned check issue, you will need to prove they were not returned. A quick letter from an attorney stating that would most likely take care of the situation.
OK. I will contact my attorney and ask that he send a letter wi
OK. I will contact my attorney and ask that he send a letter with copies of the cleared checks to the medical facility. Irregardless, they are going to seek action for the outstanding balance, what are my options for this and the Harley repossession, which shows as charged off on my credit report? Thanks again.
To my knowledge (and someone correct me if I'm wrong here), a ch
To my knowledge (and someone correct me if I'm wrong here), a charged off balance can still be pursued as a debt - especially if purchased by a collection agency.
As to the medical bills, can you set up payment plans with them? Usually, medical facilities are the easiest to work with in terms of collection, unless they have turned it over to a collection agency. If you are unable to do that, have you considered debt consolidation?
Sue- you are right, just because it is charged off doesn't mean
Sue- you are right, just because it is charged off doesn't mean they won't sell the debt, one of mine did, Sears sold the debt to a CA and they want the balance of the charge off, plus interest!
Sue is right, I have found that the medical collections have been the easiest to work with, just call, explain your financial situation, and that you want to pay it off, but need to set up payments. They may ask for a large amount at first, but if you can't aford it, see if they will lower it until you can get back on your feet..Good Luck- feel free to ask questions..KAren :D
Thank you. I have indeed printed out my bank statement and faxe
Thank you. I have indeed printed out my bank statement and faxed it to the CA. I also phoned the hospitals billing department and the woman stated that she shows payments being received and no returns. Hopefully, this will get worked out. Either way, I am definitely going to claim bankruptcy - with this much debt it just seems silly not to. I will be doing this solo as my husband only has student loans and those can not be discharged. He is currently unemployed and has just had surgery, so money is definitely tight do to my carrying the weight and attorney fees. I am going to pull my credit report right now to see how much I exactly owe. Thanks again.
I have heard that charged off debts are really a derogatory mark
I have heard that charged off debts are really a derogatory mark on one's report. And just because an account has been charged off it does not mean that you do not owe the debt anymore. The creditors can still try to get back their money, they might even sell it to a third party collection agency. The whole thing is pretty confusing.
Nelly
nelly - you are correct - a charged off debt is a BAD mark on yo
nelly - you are correct - a charged off debt is a BAD mark on your credit report. And yes, a charged off debt can be sold (sometimes for pennies on the dollar) to a junk debt buyer - happens all the time.
Charged off does not mean not owed. It simply means the original creditor does not want to deal with your account any more because they found it to be uncollectible under their methods. They will sell it to the highest bidder and then that collection agency will pursue you - sometimes tacking on their own fees and interest. :roll: