Legal Question in Credit and Debt Law in Georgia

On Dec 18th 2008, I went to my Doctor (whose office is owned by a local Hospital) and wrote a check for $30.00 for my co pay part of the charges. I got the check back in Jan 2009 in my bank statement. I thought nothing about it until about two years later I received a phone call from their billing clerk in NJ (I'm a Georgia resident) about this debt and I told the person that I had written a check for this and it had cleared my bank. She asked me to fax a copy of the front and back of the check and my bank did this for me. I thought nothing about this until last week I got a letter from a Lawer-Debt Collector trying to collect this debt. I sent him a validation letter and he responded with a computer generated form from the Hospital and my check did not show up on their form. I have studied the FDCPA law extensively and I have found several violations of this law. I'll trick him into violating more of this law and see how many more violations he will commit. My question is do I force him into filing suit and embarrass him in court or do I go to the original creditor and try to straighten this out? My time is very valuable because I own a business and I don't really have time to straighten out some Imbecile's mistake. Advise.


Asked on 1/13/12, 3:37 am

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Instead of making more missteps (your efforts to "trick the creditor" will boomerang) simply mail the creditor and collector a copy of the check. The courts are not going to be friendly to how you have mishandled this. (By the way my experience is banks often fail to fax copies of checks for their customers when they promise to, so have them send it to you, and you MAIL it so you know it got sent).

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Answered on 1/13/12, 5:48 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Many people who "study" the law on the internet (or listen to friends) think they have great FDCPA claims (often with the help of a lawyer who wants to make a quick settlement buck), find out otherwise when they get to court. Cases are lost every day. If your time is really valuable, you will resolve this issue and move on. If your time is not worth anything, or you consider "tricking" others a wise use of your time, you can wait for further action by the creditor and further risk negative credit reporting that could financially harm you for many years.

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Answered on 1/13/12, 5:56 am
Rachel Hunter

You said the wrong word. I enjoy helping people resolve their debts and deal with their debt collectors. However, I don't help those who take delight in deceiving others.

You are being so foolish. If you really wanted help, you would handle this properly. However, you have studied this "extensively" so no doubt your vast knowledge has given you direction and I don't need to waste time responding.

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Answered on 1/16/12, 2:52 pm


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