Legal Question in Credit and Debt Law in Georgia

Re: Returned Check

We do not know all the facts of your case so there is no way to answer your question. You don't even provide the amounts or what the charges are. The question is probably not YOUR "recourse" -- it is THEIR recourse if you do not resolve it. Some people would probably think that the possibility of a civil lawsuit and criminal charges would not put them in a position to dictate they will not pay additional damages of the creditor. If you do not want to settle, you should hire a lawyer.

Re: Returned Check

If (and this is a big if) every fact that you related is absolutely accurate, you very well may have a claim against the collection agency under the Fair Debt Collection Practices Act (FDCPA). A violation of the FDCPA does not necessarily mean that you do not have to pay your doctor, but it may mean that you can negotiate away the fees that the collection agency is trying to collect. Whatever the case, I agree with Mr. Riddle, you must consult an attorney to determine your rights under the FDCPA.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.