First, is this debt being collected by the hospital itself, or a third party debt collector? If a third party debt collector, a different law applies, the Federal Fair Debt Collections Practices Act (FDCPA). The Florida Consumer Collections Practices Act (FCCPA) applies whether it is the hospital or a third party debt collector.There are many unanswered questions that could affect the situation, regarding your type of insurance, the services provided, the notice you received, whether your previous "settlement" was received as payment in full, and other details. You need to write a letter to the debt collector stating (a) this bill was already paid (and provide proof, if you have it), (b) that you therefore dispute the debt, and (c) you request verification of the debt. Keep a copy of the letter, and send another copy to the insurance company. If you do not owe the debt, you can also instruct the debt collector to cease all contact with you -- This will force the debt collector to either stop contact with you (although they can put a negative entry on your credit report) or to file a law suit against you to prove that the debt is valid and collect it against you. if they continue to contact you to collect the debt, you may be able to sue the debt collector. There are also a bunch of things that debt collectors are required to do or prohibited from doing, depending on whether just the FCCPA applies, or if both the FDCPA and FCCPA apply. You may want to take a look at the many sources of information available on the Internet about the FDCPA to see if the debt collector has violated the statutes. If there has been violations, you may want to speak with an attorney who knows Creditor Harassment cases -- who may be able to sue the debt collector at little to no cost to you.
Answered on Jun 29th, 2015 at 2:10 PM