QUESTION

What is the best way to settle our bills?

Asked on Jul 11th, 2013 on Bankruptcy - New York
More details to this question:
My wife had surgery and the bills piled up. Now they have been turned over to a collections company. I have talked to the collection company and told them I can pay $100.00 per month but they tell me that they will be the one to determine how much I will pay monthly. Can they do this?
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5 ANSWERS

Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
The following is a brief synopsis of the Fair Debt Collection Act. This is very important information for dealing with Collections. Know your rights! What debts are covered? Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for credit cards. How may a debt collector contact you? A collector may contact you in person, by mail, telephone, or fax. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves. Can you stop a debt collector from contacting you? You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action. May a debt collector contact anyone else about your debt? If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, but only to find out where you live and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. What must the debt collector tell you about the debt? Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money. May a debt collector continue to contact you if you believe you do not owe money? A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed. I get asked about this a great deal, so I thought I would lay it out. What types of debt collection practices are prohibited under the Fair Debt Collection Practices Act? Use of threats of violence or harm against the person, property, or reputation Publishing a list of consumers who refuse to pay their debts or advertise your debt (except to a credit bureau) or give false information about you to anyone Repeatedly using the telephone to annoy someone or telephone people without identifying themselves Falsely implying that they are attorneys or government representatives or misrepresent the involvement of an attorney in collecting a debt Falsely implying that you have committed a crime and will be arrested if you do not pay your debt Giving a false name when they contact you or falsely represent that they operate or work for a credit bureau Misrepresenting the amount of your debt or claim they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so. Indicating that papers being sent to you are legal forms when they are not or indicate that papers being sent to you are not legal forms when they are or send you anything that looks like an official document from a court or government agency when it is not. Claiming that actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take. Collecting any amount greater than your debt, unless allowed by law. Using obscene or profane language. Depositing a post-dated check prematurely. Taking or threatening to take your property unless this can be done legally. Making you accept collect calls or contacting you by postcard. Calling your employer, neighbors, friends and relati
Answered on Jul 11th, 2013 at 8:36 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Unfortunately, if you owe the debt you must pay as agreed in the original contract. Otherwise, you might consider investigating bankruptcy and how it can help in your situation.
Answered on Jul 11th, 2013 at 11:28 AM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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You really need to sit down with a financial expert. There are a few reputable non profit entities that would be a great place to start. A consultation with a bankruptcy attorney as well.
Answered on Jul 11th, 2013 at 8:56 AM

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Debt Collection Attorney serving Chicago, IL
2 Awards
Unfortunately a creditor or debt collector is generally not under any obligation to negotiate a settlement. The amount of payments if any is up to the agreement of the parties. On the other hand, medical bills are very difficult to collect. They are often filled with errors and overcharges. Send a letter disputing the debt, requesting a detailed itemization of the bills, and request a copy of the medical records, with a copy to each provider. Go through the bills and compare them to the records and see if there are any discrepancies. Chances are there will be some, along with charges for items or services not furnished and outlandish items (e.g., $100 for an aspirin). The provider or collector has to prove that the bills are accurate, the services are medically necessary, and the reasonable value of the services. The collector may become more reasonable when it sees you will not just accept the charges at face value. Also, check and see if you qualify for charity care/ write offs. Illinois hospitals are required to provide same in exchange for their tax exemptions.
Answered on Jul 11th, 2013 at 8:54 AM

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Antoinette M. Wooten
Your creditors can determine how much you pay them if you chose to set up a payment plan directly with the. However, a bankruptcy trustee will determine whether you can afford to pay your creditors. Do you own any real property? How much is your debt? Do you owe any credit card debt?
Answered on Jul 11th, 2013 at 8:48 AM

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