Legal Question in Credit and Debt Law in California
What do I have to do to get an original creditor to give me a full copy of my bill and disclose exactly what I'm being billed for?
I set up services with the original creditor (a dental service) at their NV office. I receive a bill from their Oaks, PA office, and send payment to their Orange, CA office.
I've been getting 2-3 bills per month. Each bill shows a different amount to be paid, and each bill shows a different balance. Some of the bills state I'm paying a "non-sufficient funds" fee because a check bounced, but no check has ever bounced.
I called in December 2009 and January and February 2010 and explained what was going on and asked to be sent a detailed billing statement. I was told they'd send me one, but they never did. Finally, on February 22 I sent a certified letter to the Orange, CA office, explained what was going on, and demanded a detailed billing statement. To date, I still haven't gotten one, but still get 2-3 bills per month, all showing different amounts owed, and all showing different remaining balances. Some (not all) state that I have bounced checks and am being charged a fee because of it.
What can I do about this to find out how much I actually owe, and why they're tacking on fees for bounced checks that never bounced, since these people refuse to disclose any information about my account?
1 Answer from Attorneys
I strongly encourage you to contact an attorney who handles Fair Debt Collection Practices Act matters. What they are doing is not legal, but you need an experienced attorney in the field of debt collection law to identify what they are doing wrong, and how to resolve the problem. It may involve filing suit based upon their failure to comply with the FDCPA.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
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