Does the "30 days" that you ask for a debt verification timeline matter?

[Ifonly]

Husband's cardiologist sent remaining balance to debt collections and I immediately sent a validation request within a week and asked them to validate the debt, identify the creditor, show that we agreed to pay what they say we owe, provide me with license numbers showing that you can collect in my state, etc. I sent it certified mail.

I know when they signed for my request and I have the postmark on their reply and date on their reply letter. They did not reply in 30 days. Does that matter?

They also didn't really validate the debt but I know that's typical and there's not much I can do about it. That section of the act is vague about what really constitutes validation. They did provide the name and information for the original creditor.

(and, yes, we owe the $, I'm just aggravated as we've been making regular payments for years and communicating with them and it was about 80% paid down and the drs. office just turned around and charged it off)

[justbroke]

The doctor's office sold the debt. It is actually quite common in certain businesses, especially small to medium-sized businesses, to sell your A/P (accounts payable) or slow (pay) debt. In fact, one of the things that I do is analyze data and payment behaviors. With modern tools, we can now tell private practices and hospitals which patients are likely not to pay and that they should not dun these patients but rather should immediately sell the debt after 30 days late. Without looking at any information about you, other than what you have posted, you would probably be a patient that a hospital would love to allow a payment plan. They probably wouldn't even need to dun you either.

Did you have an established (in writing) payment plan, or did you just pay a fixed amount each month to keep the doctor happy? As for your specific case, the business/creditor can only hold a debt for so long. I suppose they finally decided to sell the debt and cut their losses... even though you were paying for years. It just became beyond their ability to keep the account any longer. I would not be upset with the doctor in this particular case.

As for validation, they did in fact validate the debt? In the FDCPA, the name and address of the original creditor could be enough for a valid validation (yes, a literal alliteration).

The only thing you could do is seek, in writing, how the collection agency owns or obtained the debt.

[Ifonly]

Ha! I wish that wasn't true - I just entered into a payment plan with our local hospital for an ER visit in late September (crappy, high-deductible insurance). They thought I was having a stroke (I have chronic vertigo with hearing loss - unexplained as of right now).

I guess that's why I was aggravated - always paid them something and it was about 80% paid - probably would have finished it off this tax season. No set amount, they told me to pay something every month. Who knows, maybe they moved offices or the drs. retired. I get it, it was just an inconvenience.

I'll just tell my husband to call them after the new year to settle it.

[justbroke]

This all happened after you filed, right? I'm just making sure that this wasn't a pre-petition medical expense that would be, otherwise, dischargeable and discharged!

[Ifonly]

Yes, post filing :-)

[justbroke]

That should be a sad face.

[Ifonly]

LOL, I suppose. But I am one of the fortunate folks in bankruptcy, etc. because I have a skill that I could translate easily to self-employment. Our bankruptcy has had tough moments but overall we're in good shape. I count my blessings. Merry Christmas!