What should I do?
Date: Sat, 09/27/2008 - 16:07
Anyway, in July I spoke with the collection agency that had the hospital debt. The agent agreed to work with me month to month. So I would figure out our bills and then call and tell her how much I would be sending. August first I sent $100 and Sept 1st I sent $50.00. Yesterday I got a call from the collection agency. The lady informed me that I had agreed to make $300 a month payments and I had not made them. I explained I hadn't agreed to any payment amount. I told her I didn't think that we would be able to agree to $300.00 and then she said that she could get 25% of my husbands check so that would get them the money faster. So now even $300.00 was off the table. The best she could do was a $560.00 payment and the payments had to start before the end of Sept! I told her I would call when I get paid. She also informed me that she was at the legal desk. ?
I did ask why they were working with me and now all of a sudden she's calling and threatening me. She said the girl that was handeling my account was sick and so she was working her accounts. Oh and that the accounts had been mismanaged.
We are going to see how much we can pay and try to pay it as quickly as possible. Can they garnish wages if they are getting monthly payments? Were the collectors actions appropriate, border line or a violation?
Thanks for any help and advice!
Welcome to the forums. Now take a deep breath and try not to pa
Welcome to the forums. Now take a deep breath and try not to panic. First of all, did you send them a validation letter. Once you send this letter, they will need to prove to you that they can collect on this debt and that you own this debt. Then, when and if they give you this information, if you work with them to set up a payment plan or a settlement, do not pay them until you get this in writing. You have experienced first hand that collection agencies tend to have very short memories. If you have it in writing, then they can't forget. They will tell you anything and make you think they are close to taking this to court because they are hoping that you will panic and pay. Don't let them bully you. As far as garnishing your wages, that depends on what state you live in. If you live in a state that allows wage garnishment, they would have to take you to court and get a judgement against you. They can't just garnish at their will. But they will make you feel like they can.
Anyways, I hope this helps. You are not the only one in this situation. So take comfort in knowing there are alot of people here in the same boat. You too can get through this. Have faith and keep us posted.
They can't garnish his wages unless they first sue you and win a
They can't garnish his wages unless they first sue you and win a judgment against you. Most likely they were just threatening you to try to get bigger payments. But it really depends on the collection agency and what their criteria is. I wouldn't agree to make higher payments than you can afford though.
Do they have to respond to a validation letter? It sounds like
Do they have to respond to a validation letter? It sounds like it's been longer than 30 days, and she has already made payments on the debt.
What is the name of this collection agency? Do they own the debt
What is the name of this collection agency? Do they own the debt or are they collecting on behalf of the original creditor?
What should I do?
Be very careful and make sure you document all of your conversations who you spoke with, dates, time etc...when it comes to medical bills especially if it is a large amount the hospital may give instructions to seek legal action to the collection agency if not collectable or they may have sold the debit to the collection agency like Shazzers is asking- most likely they are collecting on behalf of the hospital...yes, they have to sue you first but rest assured it can happen and they will garnish wages or win judgement with a payment plan...trust me on this one...I am an Administrative Manager for a large heatlhcare organization...Even so, the collection agency still cannot violate collection laws - so they can't threaten you in any fashion - but if they cannot get a payment arrangement with you - they may seek legal action. Did you ever try and work it out with the hospital themselves? Sometimes you can make arrangements with them but techinally if the balance is over 90 days old it is considered a bad debt - and I do know they would still like to collect on it...you just never know give the hospital a call and ask for the billing manager or hospital adminstration and explain your circumstances...it is worth a shot...they may or may not work with you. Good luck~