Legal Question in Credit and Debt Law in Alabama
Where to start.....Ok. My name is Danny Morris and I was presented with a notice from a law firm on a collection for hospital bills that supposedly accumulated, yet I was not aware of. I was informed that legal action could be taken against me and my wages garnished. I called the number provided, in order to talk through this matter and to clear it up. The gentleman who talked to me was rude and non-receptive to my telling him that I could not afford the $821.27 bill that had been mentioned. He told me to pay $287.09 per month or they would take legal action against me, since it was a criminal offense to not pay for doctors bills. He told me that there would be no paperwork made, so there would be no additional charges made against the bill. I started making money orders for $66.00usd and sent 5 money orders (4 at $66.00 and 1 at 69.27) just a little time before October 14th. I called the office in order to make sure the money orders had been received. I did get confirmation that the money orders had been received, but was told I could not get a receipt since there was no paperwork. I told them that I needed the receipts for my records. I put together three more money orders for $66.00 and sent them off with a letter, informing the collection agency that I would not be sending anymore money orders, unless they sent a receipt for all the money orders that I sent them. I was called twice, but had been asleep for work. When I would wake, I would call them (At roughly 5pm) with no response. I left several messages, letting them know when I would be awake. They would not return my calls and would not send me anything regarding the bill.
Recently, I have received a letter for court summons, sent by police. They claim I owe two separate payments of $451.52 for breach of contract, interest and lawyers fees. Plus, I owe an extra $51.00, but it may be more depending on how the case settles. They say that I must reply within 14 days or my plea will be taken as guilty and my wages will be garnished. Sirs, or Madams, I am a single man, who is left to take care of his mother and grandmother (Who is now in a nursing home, in bad condition). I cannot afford this and would like to know if I have a legal leg to stand on. What course of action can a man in my predicament take? The company in question is also a law firm, but they pose as a collection firm. If I had been sent a receipt, I would have been all to happy to send five more money orders for $66 a piece. That would not have been a problem. I confirm that I believe I owe this remaining $330.00 to this firm for the purpose of paying a past due bill, but I refuse to let these people walk over me. Please help.
2 Answers from Attorneys
There seem to be a few violations of the fair debt collection practices act by this collection agency. You should have some recourse in this matter, but you need someone acting in your interest. Please contact me if I can help.
Well, first of all, there are no criminal penalties for owing a debt and it is illegal for them to threaten you with something that they don't have the legal right to do. Probably a few more violations of the FDCPA in there, too.
First, don't let that 14 days expire. File an Answer denying the claim (you should have received a little "check-the-box" answer form with the summons). You can always amend the answer later after you've talked to an attorney.
Second, talk to an attorney in your area. You can file a claim under the FDCPA against this firm.
Third, don't agree to any settlement with these folks until you've talked to an attorney. If what you said is true about what they've done, they could end up owing you money.
Good luck!
This answer is based on the limited information given and is for general information purposes only. �Legal advice� is informed advice based on specific facts and knowledge of the complete situation. Therefore, this does not constitute �legal advice�, no attorney-client relationship is created and it should not be regarded as a substitute for direct consultation with an attorney based on the specific details of your situation.
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