Legal Question in Credit and Debt Law in Virginia
What constitutes adequate debt validation?
I received a bill from a Virginia collection agency on behalf of a healthcare provider. The debt date and amount did not match my records or those of the insurance claim. I disputed the debt within 30 days, stating that I did not authorize the charge (provider performed a procedure no covered by my insurance without my prior consent). I requested validation for the charge and proof that I authorized the charge. In response I received a copy of my contract with the provider without reference to the specific charges. The second letter referred to the same ''amount'' but listed 2 different Dates of Debt compared to the first. The second letter also identified the person who provided the service, but incorrectly stated their first name, and stated ''based on the above information the debt is valid and owed by you'' and threatened reporting to credit bureaus if I didn't pay in 30 days. In my second letter, I continued to dispute the debt, identified the discrepancies in dates of service and provider information and again asked for detailed validation of the charges. Have they provided adequate validation of my debt in the eyes of the law? Can I sue them for violation of FDCPA for misrepresenting the debt? And for failure to validate debt?
1 Answer from Attorneys
Re: What constitutes adequate debt validation?
The collection agency has likely provided sufficient information to "validate" the debt for collection purposes. The fact that the first name of the service provider was "incorrectly stated" and other minor discrepancies should be of little or no consequence, legally speaking.
The more significant consideration would seem to be that you appear to know that you owe this provider some money for at least some services which were rendered in your behalf and which, apparently, remain unpaid.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
