My wife and I have a medical bill that went to collections within the last 2 months. We just received a certified letter from the in-house attorneys of the CA stating they are suing us for around $850, plus prejudgment interest and attorney fees, if applicable. They say the prejudgment interest accrues from 8-12-2007 until judgment is entered.
I contacted our County Court and verified that the case has been submitted, and the person said that I had 30 days from receiving the letter to respond to the suit. She told me to write a response to the County Court Civil Division but did not give me any idea on what I am suppose to write (not that I would follow any such advice).
My goal is to have this account settled and make sure that it does not appear on our credit report as either a collection, a late payment, nor a judgment. This would jeopardize my getting a job for which I have applied.
As of today, I have not seen it reported on my credit report.
Is this a case where I absolutely need to hire an attorney? (I don't know if I can afford one). A mediator? What should my response be to the County Court?
Any and all input is greatly appreciated!
Randall
P.S. Another question for those who are still here!
I sent a Letter of Deletion to another creditor (I've been through some rough times) and they mailed me a counter offer but stated that:
"Credit Bureau reporting rules prohibit us from deleting any properly reported account . . . we will update the account status code with all credit bureaus . . to reflect the account as being paid in full".
I'm sure I've read somewhere that this isn't true, but what do I reference in responding to them?
Randall,
As far as your court issues go, If you satisfy the debt before the answer date the SUIT will not hit your CR. At this point you are in a bit of a hard spot to try and negociate a PFD. That doesnt mean it is impossible. CAll the CA and ask them what it would cost your for a PFD. Dont say anything to accept the debt until they agree to send you a letter agreeing to drop the suit and delete the listing for X amount of dollars.
Another option is if the debt hasnt hit your report yet you could also argue that you were not given a chance to request DV. Send a DV letter to the CA and then inform the court that the CA violated your rights under the FCRA by filing suit without giving you a chance to request validation. I would then counter sue for the max the FCRA allows ( I think it allows more then 1,000 in some situations)
Good Luck
BTW, the CA who said they cant change the listing is FOS. Inform them in your next letter that the CRAs informed you that they can alter the information as they see fir as long as it isnt detrimental info that violates your rights under the FCRA.