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Intimidation by creditor Nebraska

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  • Intimidation by creditor Nebraska

    I am still searching through this site, but would like to know if someone can help me. My Uncle died a year ago. My aunt has been making payments for his medical care since the bills were very high and they did not have life insurance. She's been making payments of $150 a month (what she can afford on her income alone). The hospice turned the bill over to a collection agency and they called my aunt today telling her that she needed to go out and get a loan to pay them in full, or they would put a lien on her house, garnish her wages, take her to court for 10 times the outstanding bill..etc. She's older and is in knots over this. I did not think it was legal for a debt collector to do this, but not sure of what action she can take. She is trying to pay the bill off, albeit slowly. Can they do this to her? Thanks so much for any help.

  • #2
    Bill Collectors are famous for saying their policies have the force of law... which they rarely do.

    First thing you need to do is read the Fair Debt Collection Practices Act It will tell you what the collectors can and cannot do.

    Second, contact the hospital and ask them what is going on. If your aunt and the hospital agreed to the payment schedule and she has been paying, I don't understand why it was turned over to collection. If they did not have an agreement and your aunt was just paying that amount, they certainly can.

    Try to set up a schedule with the hospital. Tell them that the failure to do so will force your aunt into bankruptcy... in which case they will receive nothing.... as your aunt's home is protected in some states.... I didn't check Nebraska, but look into it.

    Nothing the debt collectors are doing has the force of law... but it is worth talking to the hospital. If you aunt doesn't have the money, yelling won't get it.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


    • #3

      Send them a Ceist and Desist letter. Meaning they cannot contact you any longer unless they are really taking you to court..

      if they take you court, don't panic don't get intimidate by them... let the judge decide how much really she has to pay them... it is probably less than 150.00 probably 40.00 dollars...

      Now there is a catch... if you want to give them a hard time (only if they really sue you in court)

      ask them to show standing to sue
      ask them to show the contract of assignment (the contract between the hospital and this collection agancy)
      ask the to show the contract between you and the collection agency ( if there is none there is nothing they can do regarding to this debt)
      and the last periodic statment as per F.C.R and FDCPA.

      good luck


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