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lwpat, Attorney at Law
Category: Consumer Protection Law
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Experience:  35 years of business experience and a practicing attorney.
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I have a dispute with a healthcare provider about their bill

Resolved Question:

I have a dispute with a healthcare provider about their bill and contacted my state attorney general's office. The bill has been sent to collections. I am writing to the collections agency to dispute the debt. Can I tell the collections agency not to bother me until the atty gen resolves the issue? And if the collection agency does contact me again before resolution would that be harassment?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.
You can ask them to quit contacting you, here is a sample

FDCPA

§ 1692 c (c). (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except –

(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.



Here is a sample letter without any representation



your name
your address

today’s date

collection agency business name
address

RE: Account #_________

Dear Sir or Madam:

I request that (collection agency name) CEASE and DESIST immediately in its efforts to collect on the above referenced account. I will not deal with any collection agencies and I will only deal with the original creditor of this and all accounts bearing my name.

Furthermore, (collection agency name) and all its agents and assigns are hereby instructed to immediately CEASE and DESIST all contact with myself and with third parties such as my family members, employers, coworkers and the like, via telephone, including but not limited to computer generated calls, and via person to person contact at my places of residence and employment.

Any further communication with me regarding this account or any accounts bearing my name or phone number are to be conducted ONLY in writing via USPS to the above address.

Please attend to the actions required by your receipt of this letter immediately or face legal sanctions under applicable Federal and State law.



This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION. I demand that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that you are licensed to collect in my state; and
Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Sincerely,
your name
lwpat, Attorney at Law
Satisfied Customers: 25384
Experience: 35 years of business experience and a practicing attorney.
lwpat and 3 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for the help, now I can kick some serious a**! ;-)
Expert:  lwpat replied 1 year ago.
You are most welcome, go for it.

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