Helping my Son

LJHenry · October 1, 2009

As I have already been helped by this board, now I am going to try and help my son. So, here is the story. In October 2007, my son, his now ex-wife, his dad and uncle were in the mountains riding around in a jeep. I had their kids with me. They we were going down a steep hill next to a bluff when the brakes went out and the jeep careened out of control flipping over several times, throwing them all out. My sons phone was tossed out of his pocket and for some strange reason, it dialed my phone when it hit the ground and I could hear everything that was going on. Anyway, the only one seriously hurt was his wife. She has several broken ribs and a punctured lung. A helicopter airlifted her out and his dad and uncle were taken out by ambulance. My son was not seriously hurt. His wife had to stay in the hospital for quite a while. (She was beginning to really like the pain killers). They did not have insurance on her because he works for a county law enforcement agency and if you know anything about their salaries, it is poverty level. They could not afford insurance for her on his plan. Anyway, after she got out of the hospital, they (the hospital) gave her paperwork for a "spin down" and an emergency medicaid application. Nothing else was thought about it other than getting everything back to normal. Well, time goes on and they end up getting divorced and she moves off the Texas. They both get remarried and lofe goes on. Until today. My son calls and says that he got a paper in the mail saying that his check is to be garnished for a hospital bill in the amount of $40,000.00. She never got around to filling out the paperwork after she told me it was already done. Surprise! $40,000.00 nasty gram. He is upset because it is from "lawyer" and cannot afford to have his check garnished along with child support. He is working on getting enough experience under his belt to apply for a better position. (I don't have a copy of the paperwork yet to look over it myself". I looked up the address of the "lawyer" and low and behold, it is a collection agency.

Now, I am looking for what to do first. This is different than dealing with something on your credit report. I figure for a cut of $40,000.00, they are very likely to pursue this. Now, the ex-wife has move and he does not know her address and her phones have been shut off just recently. Anyway, as before, any advice is greatly appreciated. According to the letter, he has 30 days and they will start garnishment. He got the letter today.

(Thanks for reading the novel. I believe in the details for the whole story)

Edited October 1, 2009 by LJHenry

LJHenry · October 2, 2009

???

kimberly77 · October 2, 2009

Im sorry I can't really give you any advice, but I am definitely interested in the answer as well.

I was told that unless it is a State rule, or someone signed to be the responsible party, married or not that no one but the patient (if an adult) is responsible for their own medical bills and that a hospital or CA cannot legally go after an ex spouse and force them to pay.

Why Chat · October 2, 2009

As I have already been helped by this board, now I am going to try and help my son. So, here is the story. In October 2007, my son, his now ex-wife, his dad and uncle were in the mountains riding around in a jeep. I had their kids with me. They we were going down a steep hill next to a bluff when the brakes went out and the jeep careened out of control flipping over several times, throwing them all out. My sons phone was tossed out of his pocket and for some strange reason, it dialed my phone when it hit the ground and I could hear everything that was going on. Anyway, the only one seriously hurt was his wife. She has several broken ribs and a punctured lung. A helicopter airlifted her out and his dad and uncle were taken out by ambulance. My son was not seriously hurt. His wife had to stay in the hospital for quite a while. (She was beginning to really like the pain killers). They did not have insurance on her because he works for a county law enforcement agency and if you know anything about their salaries, it is poverty level. They could not afford insurance for her on his plan. Anyway, after she got out of the hospital, they (the hospital) gave her paperwork for a "spin down" and an emergency medicaid application. Nothing else was thought about it other than getting everything back to normal. Well, time goes on and they end up getting divorced and she moves off the Texas. They both get remarried and lofe goes on. Until today. My son calls and says that he got a paper in the mail saying that his check is to be garnished for a hospital bill in the amount of $40,000.00. She never got around to filling out the paperwork after she told me it was already done. Surprise! $40,000.00 nasty gram. He is upset because it is from "lawyer" and cannot afford to have his check garnished along with child support. He is working on getting enough experience under his belt to apply for a better position. (I don't have a copy of the paperwork yet to look over it myself". I looked up the address of the "lawyer" and low and behold, it is a collection agency.
Now, I am looking for what to do first. This is different than dealing with something on your credit report. I figure for a cut of $40,000.00, they are very likely to pursue this. Now, the ex-wife has move and he does not know her address and her phones have been shut off just recently. Anyway, as before, any advice is greatly appreciated. According to the letter, he has 30 days and they will start garnishment. He got the letter today.

(Thanks for reading the novel. I believe in the details for the whole story)

Is this the first he has heard from anyone on the claim?? It may NOT be a legal garnishment as he would have to have been sued and a judgment obtained against him for any garnishment. Check the Court records of the County your son is in for any record of any judgment. What State is your son in?? You said "she moves off the Texas" if you meant that she moved TOO Tx. then what State is your son in?? If you meant off AWAY from Tx. and your son is in Tx. then there is NO legal wage garnishment allowed in Tx.

LJHenry · October 10, 2009

As I have already been helped by this board, now I am going to try and help my son. So, here is the story. In October 2007, my son, his now ex-wife, his dad and uncle were in the mountains riding around in a jeep. I had their kids with me. They we were going down a steep hill next to a bluff when the brakes went out and the jeep careened out of control flipping over several times, throwing them all out. My sons phone was tossed out of his pocket and for some strange reason, it dialed my phone when it hit the ground and I could hear everything that was going on. Anyway, the only one seriously hurt was his wife. She has several broken ribs and a punctured lung. A helicopter airlifted her out and his dad and uncle were taken out by ambulance. My son was not seriously hurt. His wife had to stay in the hospital for quite a while. (She was beginning to really like the pain killers). They did not have insurance on her because he works for a county law enforcement agency and if you know anything about their salaries, it is poverty level. They could not afford insurance for her on his plan. Anyway, after she got out of the hospital, they (the hospital) gave her paperwork for a "spin down" and an emergency medicaid application. Nothing else was thought about it other than getting everything back to normal. Well, time goes on and they end up getting divorced and she moves off the Texas. They both get remarried and lofe goes on. Until today. My son calls and says that he got a paper in the mail saying that his check is to be garnished for a hospital bill in the amount of $40,000.00. She never got around to filling out the paperwork after she told me it was already done. Surprise! $40,000.00 nasty gram. He is upset because it is from "lawyer" and cannot afford to have his check garnished along with child support. He is working on getting enough experience under his belt to apply for a better position. (I don't have a copy of the paperwork yet to look over it myself". I looked up the address of the "lawyer" and low and behold, it is a collection agency.
Now, I am looking for what to do first. This is different than dealing with something on your credit report. I figure for a cut of $40,000.00, they are very likely to pursue this. Now, the ex-wife has move and he does not know her address and her phones have been shut off just recently. Anyway, as before, any advice is greatly appreciated. According to the letter, he has 30 days and they will start garnishment. He got the letter today.

(Thanks for reading the novel. I believe in the details for the whole story)

Is this the first he has heard from anyone on the claim?? It may NOT be a legal garnishment as he would have to have been sued and a judgment obtained against him for any garnishment. Check the Court records of the County your son is in for any record of any judgment. What State is your son in?? You said "she moves off the Texas" if you meant that she moved TOO Tx. then what State is your son in?? If you meant off AWAY from Tx. and your son is in Tx. then there is NO legal wage garnishment allowed in Tx.

Why Chat,

Sorry that I have not responded sooner. We are trying to get an offer together for a house and have been looking at houses everyday. This is very tiring, but I am happy to be able to do it.

As far as I know, this is his first notice of this. He has not mentioned it before and I think at $40,000, he might have said something. I will have to have him check the court records as he does not live in the same county as I do. We works for his county's law enforcement department, so I figured that would not have trouble finding him if there was a judgment. The ex-wife moved "to" TX. (sorry for the misspelling) We are from Arkansas.

Edited October 10, 2009 by LJHenry

LJHenry · October 10, 2009

OK, I have his paperwork in hand. It is from a collection agency "MSBC" (I looked up the address) but is says from the "Law Office of ***** *******, PC. (Did not know if I should put the name or not). Anyway, here is the what the letter says.

FOR ACCOUNT INFORMATION, SEE ITEMIZATION BELOW Total Balance: $XXXXX.XX

Dear XXXXX XXXXXXXX,

Your account has been forwarded to this office for collection and demand is hereby made for payment in full on your account. If payment is not made within (30) thirty days, unless you dispute it within that time, we will take appropriate action to collect the amount due.

If, upon further review we determine that suit is warranted to collect the amount, you may be responsible for court costs and legal fees where applicable. If a judgment is obtained on this account, the creditor will have the right to execute on the judgment, which would include the right to garnish your wages.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request, within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor if different from the current creditor.

The law does not require us to wair until the end of the 30-day period before taking action to collect this debt. If you dispute the validity of the debt, or any portion thereof, or request the name and address of the original creditor within 30 days after receiving this notice, we are required to suspend our efforts to collect this debt, until we mail the requested information to you.

This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.

You can resolve this matter by sending payment in full to the above address or by calling our office toll-free at X-XXX-XXX-XXXX. Thank you for your promt response to this important matter.

(At the bottom, it is listed the creditors name (Hospital), the account number, date (10/28/2007) and the balance due.

He says that he has actually talked to the CA one time and told them that she lives in Texas now. I told him not to ever talk to anyone on the phone about this again. Well, as you can see. There is no actual judgement at this time. What do we need to do first? The statement is dated 09/25/2009.

Thanks in advance.

Why Chat · October 11, 2009

OK, I have his paperwork in hand. It is from a collection agency "MSBC" (I looked up the address) but is says from the "Law Office of ***** *******, PC. (Did not know if I should put the name or not). Anyway, here is the what the letter says.
What STATE are they in??

FOR ACCOUNT INFORMATION, SEE ITEMIZATION BELOW Total Balance: $XXXXX.XX

Dear XXXXX XXXXXXXX,

Your account has been forwarded to this office for collection and demand is hereby made for payment in full on your account. If payment is not made within (30) thirty days, unless you dispute it within that time, we will take appropriate action to collect the amount due.

If, upon further review we determine that suit is warranted to collect the amount, you may be responsible for court costs and legal fees where applicable. If a judgment is obtained on this account, the creditor will have the right to execute on the judgment, which would include the right to garnish your wages.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request, within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor if different from the current creditor.

The law does not require us to wair until the end of the 30-day period before taking action to collect this debt. If you dispute the validity of the debt, or any portion thereof, or request the name and address of the original creditor within 30 days after receiving this notice, we are required to suspend our efforts to collect this debt, until we mail the requested information to you.

This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.

You can resolve this matter by sending payment in full to the above address or by calling our office toll-free at X-XXX-XXX-XXXX. Thank you for your promt response to this important matter.

(At the bottom, it is listed the creditors name (Hospital), the account number, date (10/28/2007) and the balance due.

He says that he has actually talked to the CA one time and told them that she lives in Texas now. I told him not to ever talk to anyone on the phone about this again. Well, as you can see. There is no actual judgement at this time. What do we need to do first? The statement is dated 09/25/2009.

Thanks in advance.

Are you AND your son in Arkansas??

Have him check his credit reports and see if there is anything on them from this CA

Make sure he opts out and gets old addresses deleted if possible.

How was the letter addressed?? Was it to him at his current legal address?

I suggest he send this to the CA:

http://whychat.5u.com/ltrcavalhipaa.html

If it is reporting on his credit reports have him send each CRA this;

http://whychat.5u.com/hipaadisp.html

If they are legitimate, which I doubt, and they are in Arkansas and they have grounds for a lawsuit, which I doubt ,as your son apparently did not sign any responsibility for her medical treatment,and they actually file a lawsuit and win, all of which is VERY doubtful, 75% of his wages are exempt.

Edited October 11, 2009 by Why Chat

LJHenry · October 11, 2009

OK, I have his paperwork in hand. It is from a collection agency "MSBC" (I looked up the address) but is says from the "Law Office of ***** *******, PC. (Did not know if I should put the name or not). Anyway, here is the what the letter says.
What STATE are they in??

FOR ACCOUNT INFORMATION, SEE ITEMIZATION BELOW Total Balance: $XXXXX.XX

Dear XXXXX XXXXXXXX,

Your account has been forwarded to this office for collection and demand is hereby made for payment in full on your account. If payment is not made within (30) thirty days, unless you dispute it within that time, we will take appropriate action to collect the amount due.

If, upon further review we determine that suit is warranted to collect the amount, you may be responsible for court costs and legal fees where applicable. If a judgment is obtained on this account, the creditor will have the right to execute on the judgment, which would include the right to garnish your wages.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request, within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor if different from the current creditor.

The law does not require us to wair until the end of the 30-day period before taking action to collect this debt. If you dispute the validity of the debt, or any portion thereof, or request the name and address of the original creditor within 30 days after receiving this notice, we are required to suspend our efforts to collect this debt, until we mail the requested information to you.

This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.

You can resolve this matter by sending payment in full to the above address or by calling our office toll-free at X-XXX-XXX-XXXX. Thank you for your promt response to this important matter.

(At the bottom, it is listed the creditors name (Hospital), the account number, date (10/28/2007) and the balance due.

He says that he has actually talked to the CA one time and told them that she lives in Texas now. I told him not to ever talk to anyone on the phone about this again. Well, as you can see. There is no actual judgement at this time. What do we need to do first? The statement is dated 09/25/2009.

Thanks in advance.

The CA is from Tennessee

Are you AND your son in Arkansas??

Yes, we both live in Arkansas.

Have him check his credit reports and see if there is anything on them from this CA

I will check it tomorrow when he and his wife come over.

Make sure he opts out and gets old addresses deleted if possible.

Will also opt out tomorrow.

How was the letter addressed?? Was it to him at his current legal address?

It was sent to his current address. This is not where they lived when the accident happened

I suggest he send this to the CA:

http://whychat.5u.com/ltrcavalhipaa.html

Will send this on Monday.

If it is reporting on his credit reports have him send each CRA this;http://whychat.5u.com/hipaadisp.html

If they are legitimate, which I doubt, and they are in Arkansas and they have grounds for a lawsuit, which I doubt ,as your son apparently did not sign any responsibility for her medical treatment,and they actually file a lawsuit and win, all of which is VERY doubtful, 75% of his wages are exempt.

My only concern is, as the only person that wasn't seriously injured in the accident, he may have signed anything they they told him to. Who knows and he does not really remember. He says that they just handed him a bunch of stuff to sign when he got there. He does not know what it was or what it was for. She was airlifted to the hospital.

I know when I took my mom into the hospital and she was not conscious, they said that I could not sign her name and had to sign mine. I did not even think anything. She was dying and I just signed whatever they told me at that time. Now I know better.

Edited October 11, 2009 by LJHenry

Why Chat · October 11, 2009

OK, I have his paperwork in hand. It is from a collection agency "MSBC" (I looked up the address) but is says from the "Law Office of ***** *******, PC. (Did not know if I should put the name or not). Anyway, here is the what the letter says.
What STATE are they in??

FOR ACCOUNT INFORMATION, SEE ITEMIZATION BELOW Total Balance: $XXXXX.XX

Dear XXXXX XXXXXXXX,

Your account has been forwarded to this office for collection and demand is hereby made for payment in full on your account. If payment is not made within (30) thirty days, unless you dispute it within that time, we will take appropriate action to collect the amount due.

If, upon further review we determine that suit is warranted to collect the amount, you may be responsible for court costs and legal fees where applicable. If a judgment is obtained on this account, the creditor will have the right to execute on the judgment, which would include the right to garnish your wages.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request, within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor if different from the current creditor.

The law does not require us to wair until the end of the 30-day period before taking action to collect this debt. If you dispute the validity of the debt, or any portion thereof, or request the name and address of the original creditor within 30 days after receiving this notice, we are required to suspend our efforts to collect this debt, until we mail the requested information to you.

This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.

You can resolve this matter by sending payment in full to the above address or by calling our office toll-free at X-XXX-XXX-XXXX. Thank you for your promt response to this important matter.

(At the bottom, it is listed the creditors name (Hospital), the account number, date (10/28/2007) and the balance due.

He says that he has actually talked to the CA one time and told them that she lives in Texas now. I told him not to ever talk to anyone on the phone about this again. Well, as you can see. There is no actual judgement at this time. What do we need to do first? The statement is dated 09/25/2009.

Thanks in advance.

The CA is from Tennessee

Are you AND your son in Arkansas??

Yes, we both live in Arkansas.

Have him check his credit reports and see if there is anything on them from this CA

I will check it tomorrow when he and his wife come over.

Make sure he opts out and gets old addresses deleted if possible.

Will also opt out tomorrow.

How was the letter addressed?? Was it to him at his current legal address?

It was sent to his current address. This is not where they lived when the accident happened

I suggest he send this to the CA:

http://whychat.5u.com/ltrcavalhipaa.html

Will send this on Monday.

If it is reporting on his credit reports have him send each CRA this;http://whychat.5u.com/hipaadisp.html

If they are legitimate, which I doubt, and they are in Arkansas and they have grounds for a lawsuit, which I doubt ,as your son apparently did not sign any responsibility for her medical treatment,and they actually file a lawsuit and win, all of which is VERY doubtful, 75% of his wages are exempt.

My only concern is, as the only person that wasn't seriously injured in the accident, he may have signed anything they they told him to. Who knows and he does not really remember. He says that they just handed him a bunch of stuff to sign when he got there. He does not know what it was or what it was for. She was airlifted to the hospital.

I know when I took my mom into the hospital and she was not conscious, they said that I could not sign her name and had to sign mine. I did not even think anything. She was dying and I just signed whatever they told me at that time. Now I know better.

If the CA is in Tennessee you should have little concern, as they would have to be licensed in Arkansas or obtain legal representation ON BEHALF OF THE OC to file against your son in Arkansas. PLUS, Arkansas has a 2 year "SOL" on being sued for medical debts, starting from the date of the service.

http://whychat.5u.com/States/state-ark.html

Medical debts: 2 years from date of last activity. (A.C.A. §16-56-106)

Licensed Arkansas Collection Agencies

http://www.asbca.org/collect_search/index.php

Edited October 11, 2009 by Why Chat

LJHenry · October 12, 2009

Well, if you find one in the list, it looks like that they are licensed in Arkansas. Go figure. This might be a bit of a fight. We'll see.

Irish72 · October 13, 2009

If the SOL on med. bills is only two years in Ark. and the accident happened in 10/07, time is almost up. Sounds like a last minute effort on a smash & grab job to me. He needs to dispute it asap and they will likely go away. I think if they'd had true intent to litigate, they would have commenced long ago.

DragonFlyer · October 13, 2009

I would like to interject something here...

There is case laws and opinion whether a CA can act as an attorney, and the disclosures they must include if they sent you something "From the Law Offices Of..."

http://creditboards.com/forums/index.php?s...t&p=3862724

LJHenry · October 13, 2009

I would like to interject something here...

There is case laws and opinion whether a CA can act as an attorney, and the disclosures they must include if they sent you something "From the Law Offices Of..."

http://creditboards.com/forums/index.php?s...t&p=3862724

Wow! That is good information to know. The only disclosure on the back is what states the lawyers are admitted to practice law in. There is no signature on the front. Only a printed name. I think that I am fixing to see how aggressive I can get with them. I know that there was a spin down on this bill and they have added some exorbitant fees on this. We are fixing to see what happens.

Edited October 13, 2009 by LJHenry

Why Chat · October 13, 2009

Well, if you find one in the list, it looks like that they are licensed in Arkansas. Go figure. This might be a bit of a fight. We'll see.

The only similar name on Arkansas licensed collection agencies is:

Mid-South Adjustment Co., Inc.

316 West 6th, Suite A

Pine Bluff, AR 71061

Phone: 870-536-9600

As far as I can see they have NO relationship to "MSCB" ( Mid South Collection Bureau), however you can call them to confirm that, ( do NOT give your name or any details of the situation, just ask if they are affiliated to that Tennessee CA.

If they WERE affiliated, then the correspondence would have come from THEM.

Since MSCB is apparently not licensed in Arkansas, then they have NO standing to sue, and their threats of garnishment are a CLEAR violation of the FDCPA.

LJHenry · October 20, 2009

I typed in MSCB and it was there. I am still waiting on the green card back from them.

Why Chat · October 20, 2009

I typed in MSCB and it was there. I am still waiting on the green card back from them.

They are registered as a Tn. CA,and unless their "lawyer" has been admitted to the Arkansas Bar, they are NOT allowed to file suit in Arkansas. Check with the Arkansas AG office to see if they are bonded and licensed FOR ARKANSAS.

COLLECTION AGENCY BOND & LICENSE

Bond: $5000 to $25000

License: Yes

Fee: $125 - $5 each employee

LJHenry · October 20, 2009

On the back there is a "Law License Disclosure" that says that he is admitted to practice law in Arkansas. I will check the AG office and see what they say. That is interesting to know. These are the same ones that have one on me that I am disputing. Mine is for a utility though. This might be a different avenue to dispute with them. hmmmm

LJHenry · October 26, 2009

Still waiting on the green card.

LJHenry · October 31, 2009

Okay, my son got the green card back in the mail. We pulled his credit report and it is not on there. What is the next step or do I wait on a response?

Thank you.

LJHenry · November 3, 2009

Why Chat · November 4, 2009

Okay, my son got the green card back in the mail. We pulled his credit report and it is not on there. What is the next step or do I wait on a response?
Thank you.

Has your son opted out??

http://whychat.5u.com/OPTOUTINST.HTML

Has he deleted old addresses ( if possible)

You say it has been deleted from "his credit report" was it only reporting on ONE report??

PS, sorry for the delay in responding, I was busy on the phones for a local candidate.

Edited November 4, 2009 by Why Chat

LJHenry · November 29, 2009

Well it has been since October 31st since the CA received the dispute letter. So far, nothing has been sent back. Don't know if this means anything or not. Only time will tell at this point I guess.

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