Is this debt collector messing with me?

I have a big medical bill that got sent to a bill collector. I called them today to try to make payment arrangements and they told me that I had to try and get a loan. Once denied I would have to bring a letter to them from the bank. I told them no way just go ahead and send it to a lawer and they can garnish my wages. The lady got all pycho ***** on me and told me that I would have this hanging over my head for the next 20 years! That it would be on my credit report for that long and I would never be able to be a homeowner or open a 401K plan. What do you think? Anybody know anything about these things?

I wish you had come here a while ago and read some answers.

Mistake #1 was talking to the collector on the phone. Not only was everything she told you a lie, but if you could prove what she said you could have filed a $1000 lawsuit against her.

It's very, very important to get everything in writing. Remember, you can NEVER believe a collection agent. They will lie to their mothers if the think they can collect money that way!

Send this collection agent a certified letter. In it, demand that they completely validate this debt, and do not call you again. make them send everything in writing.

Above all, read the Fair Debt Collections Act! Learn your rights!

I think she went overboard and by threatening you in that fashion probably violated the Fair debt collection practices act. All that being said... she's correct about how it will impact your life/credit if you don't address the situation.

Careful. The credit bureaus look at a medical collection like any other collection. Lenders and banks sometimes disregard medical bills and don't require you to pay them before you buy a house. Next time that happens, get the person's name and ask to speak with a supervisor. Explain to the supervisor that you are only trying to set up a payment plan to settle your debt and you don't appreciate their collections tactics. Then tell them you will only deal with them if the conversation is recorded. (Find a speakerphone and voice recorder) They will probably deal with you very differently. Also, google the Fair Debt Collection Act and review it for your safety.

she was so full of it.pay what you can each month.even if its only 10 bucks.i once offered to pay a dr bill in the amount of 25 a month they demanded 50.i then talked to a credit attorney and was told they refused that so dont worry about it.it was removed from my credit report and the place no longer calls me.

You need to make an effort to pay, and it seems you know this to be true. Send as much as you can now and do the same each month. Convince them that it's not worth the effort to go thru all the garnishment, as you plan to pay voluntarily.

A medical collection will hit your credit report, lower your scores, and make it difficult to borrow money.

Never is a big word, and likely not accurate. A 401 K plan has nothing to do with your credit.

One more lesson I learned with medical collections - don't pay the whole amount! If you can pay a portion of it, make an offer. Hold out on them - a collection agency's sole job is to collect as much as they can, but not necessarily all of the debt. When your account is handed over for collections, the person/company you owe the debt to is already accepting 75% or less of what you originally owed (collection agencies take a cut of what they collect). Tell them that you'll let it drag out for months, and that they can let it hit your credit report (this does negatively affect you though if they go through with it). I've successfully negotiated down medical bills 40-60% once they've been handed over to collections. If you're willing to take a little chance, you can usually benefit from a little time. Make sure not to let it go on too long, and make certain you know the risks.

She is full of poop. The credit bureaus are not suppose to really even look at hospital bills anyway. If she doesn't work with you tell her that your lawyer will be in contact with her and that you will agree to send $1.00 a month to pay on the account. Send them the $1.00 and if they refuse the payment tell them your lawyer will take the matter up with them in claims court. They cannot lawfully refuse payment of any kind or the balance is paid in full. Send them a letter in writing and have it sent where someone has to sign for it. Then you have proof it was received and keep a copy of the letter you wrote. Also tell her the next time she calls you that you want her home number so you can harass her about her finances. I hate bill collectors and they don't care about you. So what if it goes on your credit everyone has something on theirs. And no it can't stay on your credit for 20 years. They will try every tactic to scare you into paying up. Sounds like you want to pay it so tell them to back off.

The longest a collection account can stay on your credit report is seven years from the date of last activity.

To keep the collector from contacting you, send them a letter certified mail explaining that pursuant to FDCPA 805(c), you wish to cease all communication with them. If they call you or send you any written correspondence regarding the bill (other than to advise you that they will not send any more correspondence or they intend to take a specified action) after receiving the letter, they are in violation of the statute.

You may also want to look into garnishment. Some state, such as Texas, do not allow wages to be garnished to pay consumer debts.

Fair Debt Collection
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as 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.

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing 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. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:
use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
you will be arrested if you do not pay your debt;
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

collect any amount greater than your debt, unless your state law permits such
a charge;
deposit a post-dated check prematurely;
use deception to make you accept collect calls or pay for telegrams;
take or threaten to take your property unless this can be done legally; or
contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.

Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

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