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What is the SOL for Medical Debts

Submitted by on Wed, 06/13/2007 - 00:28
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A company called west assett management is calling me for my husbands medical bills 1 from 1998 and 1 from 2003- I have asked tham not to call she has informed me that even after that she can call me every 2-3 days whether I like it or not! I have said ITHOUGHT the SOL was up on this in Florida and she said that does not apply to medical depts Is this right ?


Yes, send them both a DV and the C&D letter. The DV is your request that they validate the debt, as provided in the fdcpa. Once they receive that letter from you(send it CMRR or you just wasted your time), they are not allowed to continue any collection activity until they validate. The C&D informs them that, per the FDCPA, you request that they only contact you via US Mail in this matter. After they get it, if they call you again to try to collect, they are in violation of federal law. Finally, inform them that the SOL is expired on this debt. For you, that means they cannot legally sue you--well, they can, because the SOL is a positive defense only. That means, if you do not declare SOL as your defense, you lose it. You must declare the debt outside SOL if they try to act further. You will not autmoatically get that defense unless you bring it up.

SOL is one thing though--it doesnt allow them to sue you, but they can still contact you and hound you over the debt. That is why the other letters are important for you to send as well. If they keep calling, do not validate the debt, and then try to sue you over this, then go get a lawyer and slap your own lawsuit on them for multiple violations of the FDCPA.


Submitted by skydivr7673 on Wed, 06/13/2007 - 04:39

skydivr7673

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