What rights do you have when...?

Question

What rights do you have when a bill collector calls you to get payment for a bill. This is the story I owe $340 to a doctor that I am fight with my insurance to pay because I was refered to the doctor while I was pregnant. I am now not working and so I can not pay the bill my self and I don't want my childrens father to pay it when he is paying everything eles(house payment, car payment, even Christmas alone). Today a collection agency called me and the woman treated me as if I was a childshe could scream at (if she screamed at one of my children the way she screamed at me I would have her put in jail for abuse). I was harassed verbal by this woman and then when I asked for her manager I was further harassed by her and then transfered to a man the wanted to know nothing about the harassment and all about when I could pay the bill I told him I only need another month and I would pay it in full if the insurance didn't but I wanted to know what he would do about the woman

I was told that nothing would be done to the woman unless a complant was filed and then I would not know because it was all in house I said that was fine and I wanted to file a complant and then he hung up on me after telling me not to hang up. Should I talk to a lawyer about the harassment?

I have now talked to the doctors office and they had me wait to speak with the doctor diretly who was way sorry. I have twice spoke with the office about the insurance and they told me that the bill was sent but mistake because I had spoke with them and they knew my insurance was giving me the run around (I have since also changed insurance). The doctor said he would call the collector himself for an explaination and if they call again to refer them back to him. My lawyer on the other hand said to refer them to him amd if they keep harassing me to just tell them I will just file bankrupsy (only as a joke) he is also looking in to what he can do about the harassment ( he's a family law lawyer and really doesn't deal with things of this nature)
Now I just want to know what everyone thinks...

Answer 1

Under the Fair Debt Collection Practices Act, you have the right not to receive "harassing" phone calls. When a collector starts screaming at you, you may have a claim for harassment. However, it may end up being her word against yours if it ever got to court. If successful, you could recover up to $1000.00 plus attorneys fees.

update: you can file a complaint with the FTC

Answer 2

Now, don't get mad. While bill collectors, out of a decency sense, should be nice, and also for the fact that the debtor would be more willing to work with the creditor, they have no obligation to be nice. Creditors also have the right to collect money you owe to them by whatever means necessary. The definition of harassment has been immensely corrupted. All the Fair Debt Practices Collection Act says that a collector may contact you in person, by mail, telephone, telegram, or fax but not before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts. It does not speak to tone of voice. And no, the old myth that a creditor can't do anything to you if you just pay a little something every month is very untrue. They cannot collect directly from a third party, however, unless that third party is a legal spouse or co-signer/co-party on the debt(s) you owe, but any money you receive from a third party is considered income to you. That you have no money or are not working is of no legal consequence. If you do not work out payment arrangements with them, they can file a legal action against you to obtain a judgment to collect the money you owe to them. If you owe this creditor money and are not current in your payments to them and they file a legal action against you, you will lose. The creditor will then have the legal right to garnish wages, or levy a bank account. If you do not work and do not have a bank account, the creditor will have a difficult time collecting the money you owe by these means, but it doesn't mean that the creditor will just give up. They also can force you to answer a set of questions called "Post-Judgment Interrogatories" in which you have to divulge all of your sources of income. As I said above, they cannot collect directly from your baby's father, but they can take that money from you once he gives it to you. The best bet for you, if you really are able to pay it off by next month, is to write a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Sending such a letter to a collector doesn't make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor. Bottom line is, you owe the money, you gotta pay it and they don't have to be nice about it and the sooner you pay it, the less legal crap you're gonna have to deal with.

Clearly, the best choice, was to contact the doctor and everything was worked out amicably. With regard to the remainder of your addition, I only have one thing to add, don't use a family law attorney for something like this. For any legal matter, you only ever use an attorney who specializes in the law in question. Oh, another thing. Any attorney who would take a case like this based on allegations of harassment is only looking to take your money.

Answer 3

If you have the name of the company the bill went to collections with, then call your doctor's billing office and tell them what kind of practices they are engaged in. It is actually a fineable offense for them to be abusive to you over the phone.

Next, ask the doctor's office if you can set up a payment plan with them, starting next month. Explain the situation to them.

If the collection company calls again, tell them you have arrangements with the doctor's office. If they get abusive, hang up on them.

Next time, talk to the doctor's office first - you can often get a minimal payment plan set up and keep away from collections all the way around. And they prefer it as well - cause they have to pay the collection company, and that cuts their profits.

Answer 4

Yes. Talk to the lawyer. The lawyer can be an intermediary for you and keep things civil. The doctor's office probably already "sold" your account to the collection agency, so paying them would probably not help you. The lawyer may also help save your credit - the collection agency can do damage - time to do some damage control!

In the meantime, I would record all communications between them and yourself, and note the date and time. There are procedures set up on collecting debts, and this firm is crossing the line. Good luck - get that lawyer!