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Recieved a letter from Collection Attorney today

The last post in this topic was posted 5379 days ago. 

 

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Well, today I received my response to a DV I had sent out about a month ago to a collection Attorney. It's for a medical bill. In their initial letter they demanded payment within 10 days (even though this was their initial contact) threatened a lawsuit, and informed me that their "client" had already sent validation to me. In my DV I replied that because they were attempting to collect the debt now that they are now considered the debt collector as well, and therefore must also provide me with validation. Today I received a letter from them stating that they need me to fill out the enclosed medical release form. What do I do? Am I required to fill out and return the form? I thought there was a legitimate reason for them to have access to my records if they are truly authorized to collect on the account!?! If they're not really authorized then they would need the release, correct? Are they just fishing? What happens if I don't sign and return the release can they continue collection activities? I don't feel comfortable signing it. Any help would be appreciated.

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Well, today I received my response to a DV I had sent out about a month ago to a collection Attorney. It's for a medical bill. In their initial letter they demanded payment within 10 days (even though this was their initial contact) threatened a lawsuit, and informed me that their "client" had already sent validation to me. In my DV I replied that because they were attempting to collect the debt now that they are now considered the debt collector as well, and therefore must also provide me with validation. Today I received a letter from them stating that they need me to fill out the enclosed medical release form. What do I do? Am I required to fill out and return the form? I thought there was a legitimate reason for them to have access to my records if they are truly authorized to collect on the account!?! If they're not really authorized then they would need the release, correct? Are they just fishing? What happens if I don't sign and return the release can they continue collection activities? I don't feel comfortable signing it. Any help would be appreciated.

 

If they already had that information.. they would be in violation of hipaa law.

I wouldnt release squat to them.. why would you want them to have access to your MEDICAL records..

In all honestly, that just makes their job easier.

Now since im sure the DV is over 30 days.. you need to fire them another letter reminding that that they are required to provide full validation of the debt.. or to blow smoke ( without the release )

Best case is that they get your medical records illegaly.. :)

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Pavlov, do you think I should sent the OC a HIPAA letter? If so, which insert? If I really do owe the OC I don't want to stir the pot and have them assign the account to somebody (that is, if this atty office isn't actually legally assigned the account). I did receive Validation, of sorts, from the "client" of this atty. This "client" is a CA though, not the OC. Is this just supposed to be some scare tactic? Do I call their bluff with an ITS letter due to violations? Thanks

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Pavlov, do you think I should sent the OC a HIPAA letter? If so, which insert? If I really do owe the OC I don't want to stir the pot and have them assign the account to somebody (that is, if this atty office isn't actually legally assigned the account). I did receive Validation, of sorts, from the "client" of this atty. This "client" is a CA though, not the OC. Is this just supposed to be some scare tactic? Do I call their bluff with an ITS letter due to violations? Thanks

 

 

I think Why Chat would be the best person to ask that question. You might invite him to answer, because it looks like he has not seen this thread yet. Cotterpin also will have a strong and well qualified opinion about this.

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Since you already DV'd I don't beleive you can use the HIPAA program

 

 

There is no need for you to sign a release form. HIPAA allows for the transfer of minimum necessary info to business associates for payment transactions. You also shoud have signed a general release form authorizing them to bill/collect payment. State laws may be more stringent.

 

You need to, however, keep a few things in mind:

 

How large is the debt? Is it possible that you would be sued over it? Does this CA Atty have a history of suing?

 

A judge may look at your refusal to sign the form as stalling if the provider can prove you actually owe the debt.

 

Do you truly owe the money? Medical debts are relatively easy to prove. What are the circumstances? Did the provider fail to uphold their agreement with the insurance company and turn to billing you? Was this for a deductible/copay you failed to pay?

 

You're going after violations, what are they? What were you sent for validation?

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Well, today I received my response to a DV I had sent out about a month ago to a collection Attorney. It's for a medical bill. In their initial letter they demanded payment within 10 days (even though this was their initial contact) threatened a lawsuit, and informed me that their "client" had already sent validation to me. In my DV I replied that because they were attempting to collect the debt now that they are now considered the debt collector as well, and therefore must also provide me with validation. Today I received a letter from them stating that they need me to fill out the enclosed medical release form. What do I do? Am I required to fill out and return the form? I thought there was a legitimate reason for them to have access to my records if they are truly authorized to collect on the account!?! If they're not really authorized then they would need the release, correct? Are they just fishing? What happens if I don't sign and return the release can they continue collection activities? I don't feel comfortable signing it. Any help would be appreciated.

 

First off, DON'T SIGN ANYTHING, especially a medical release authorization. Why give a scummy CA your protected private medical information, especially when it's none of their business?

 

That being said, you may have shot yourself in the foot by DVing the CA (rule #1 with medical...deal with the OC only!).

The next questions are:

Do you actually owe the debt? Are you willing to pay it if you do?

 

If you are willing to pay, or it's a legitimate insurance mistake, you stand a chance (albeit slim) that the HIPAA letter could work for you. Again, by DVing the CA, you've really lost a lot of leverage.

 

Sorry I can't be more helpful, but that's all I can offer.

 

RG

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Well, The Attorney has contacted me again, via the Sheriff with a complaint. I have a number of things on them though. I've been doing alot of research as I have another case right now that is somewhat similar. The only difference is that I've paid the bills on the other case. Anyways, my state has no consumer credit laws of it's own, and the state HIPAA laws say nothing in regards to collections and billing, so I will have to use Federal Statutes for all of the collections violations. I do have copies of every district and county court rules for my state. I have them on a number of technicalities.

1. Process of service.- They have 20 days to serve me after filing. they filed on 16 dec., I didn't get served until 11 Jan. that's over 26 days.

2. Rules for pleadings- their complaint is half typed and half handwritten (this is done by an attorney mind you). The rules are explicit as to the type face, how the caption is laid out, etc. They didn't follow any of the rules.

3. Signatures- all copies to all parties and to the courts must bear the signature of the atty preparing the pleading, or the party if acting Pro Se. Nowhere on any paper is this atty's signature.

4. Jurisiction- We have to abide by Federal statute as my state has no laws regarding this. Federal law requires them to file suit where I reside. They have filed in their county, which is about an hour away. Lack of jurisdiction.

5. Assignment and affidavit papers are incorrect. They've been trying to collect on this account since Aug and the assignment papers are dated in Oct. Tell me that doesn't smell fishy. Also, there is no contact info, or any other way to confirm that this document isn't a fraud.

6. The Atty's office still hasn't validated because they claim it already has been by their client. They wanted me to send payment to their office, and their letters state they are trying to collect the debt. They are acting as a debt collectoe, and are therefore governed by the laws pertaining to such.

 

Any input, help, suggestions, or comments would be appreciated. thanks

Edited by superfreak1

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I was thinking I would just file an answer anways. I have to serve the plaintiff with a copy (or their atty) via US mail, so if they didn't really file then they'll see that I at least halfway know what I'm doing and they might back off. If it's real then I'll have my answer filed in time and I can go from there.

 

I almost forgot, I received another letter from this Atty the other day. It reads:

 

Dear Mr. and Mrs. Superfreak:

 

Enclosed is a copy of a letter I received on Dec. 19, and another letter I received on Jan 11. Neither of these letters are signed. I am not certain they are from you. If they are yours, would you please sign them and return them so I can act upon them. If they are yours, and you wish to receive copies of the statements that are involved, you will need to sign the HIPAA form which we sent you in Dec.. I cannot send any additional information on a medical bill without the proper documentation. The debt has been verified and validated but without the proper signature, I am not permitted to provide the confidential information.

 

Sincerely,

Jerk off Atty for CA

 

 

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

 

 

What do you all think? Whychat, cotterpin, pavlov, anybody. What kind of letter should I send in response. Should I sign it with the line "signature on file"? That would T them off.

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I read that letter and it reads..

 

Please sign something for us so that we can cut and paste your signature on the form for you.

 

Sound about right to everyone???

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I read that letter and it reads..

 

Please sign something for us so that we can cut and paste your signature on the form for you.

 

Sound about right to everyone???

 

Yep. That, and, "please give us the right to access your information because otherwise we don't."

 

Uh, no. But thank you for playing!

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Dear Mr. and Mrs. Superfreak:

 

Enclosed is a copy of a letter I received on Dec. 19, and another letter I received on Jan 11. Neither of these letters are signed. I am not certain they are from you. If they are yours, would you please sign them and return them so I can act upon them. If they are yours, and you wish to receive copies of the statements that are involved, you will need to sign the HIPAA form which we sent you in Dec.. I cannot send any additional information on a medical bill without the proper documentation. The debt has been verified and validated but without the proper signature, I am not permitted to provide the confidential information.

 

Sincerely,

Jerk off Atty for CA

 

 

how about this.

 

Dear Jerk off Atty for CA

 

Since we are in communication from the letters that recevied on Dec 19 and Jan 11, I can whole heartly assure you they originated from myself. Being the professional that you are, I am amazed that you can even suggest that my communications are not from me. Since my name was type written at the bottom of the communications then it suggest that they were indeed from me and I am NOT required by any means to supply you with anything other then that.

 

It is quite appearent that you can not provide proper validation and the your reason for not providing such proof as required by law is weak and not a valid reason by any streach of the imagination.

 

Since you have stated that you are attempting to collect a debt and that you also claim that this disputed debt has been verified and validated, then why have you not provide me with the legal documents as you are required by law to do. Would you accept that statement from someone when they have not provided one shread of required documentation? I think not.

 

Please keep in mind that failure to provide your so called validation within the 30 day period is a failure to validate this disputed debt.

 

I look forward to your next communication with the required documentation enclosed.

 

Mr and Mrs Superfreak.

 

*** comments on that anyone ***

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looks good to me

 

as for signatures, I had a CA pull that "its not signed so we don't have to respond" line with me. Then I noticed that while the name of the agent was typed, only some initials were scribbled under it and they appeared to be the correct initials for this person. So I sent another letter out, typed my name, and scribble dmy initials under it. When the sent the next letter saying they needed my signature, I told them I signed the same way they did. They deleted off all 3 reports.

 

Most of these letters, whether from a CA, an OC, or an atty are not typed by the person whose signature is on the letter. Or, its just a form letter they pull up and add their name at the bottom. If scribbled initials are acceptable for businesses in leiu of a full signature, then they better be prepared to accept the same thing from me.

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