QUESTION
Can I be sent to collections before being notified first?
Asked on Nov 30th, 2012 on Collections - Nevada
More details to this question:
My dental office has been billing me for 48 dollars and I have been refusing to pay it, because I was told that everything will be covered by insurance and I will not have to pay a dime. Also they provided a lousy service on top of that billing me¿¿ you know what I mean. Now I received a letter from the collections agency 48 dollars plus 50 dollars ollection fee without notifying me first that this is your final notice you will be sent to the collection if you do not pay. I think this is illegal they should have advised me fist if they were going to take such action against me. Right? Please advise.
1 ANSWER
R. Christopher Reade
Collections of consumer debts are generally covered under the Fair Debt Collection Practices Act, 15 USC § 1692e. There is no right to be warned that a collection agency may be employed prior to employment. However you are entitled to protections under FDCPA that all collections comply therewith. Under 15 U.S.C. 1692e(11), debt collection correspondence must disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
Answered on Dec 03rd, 2012 at 2:15 AM