RE: [tips_and_tricks] Hospital Trying to Collect from 5 Year Old?
Almost all letters start with or include: “This correspondence is from a debt collector”…or ..”this is in regards to debt collection.” Look for the words and you’ll see. Look up the definition of a debt collector under the Fair Debt Collection Act and you’ll find they either have to place you at a residence or at the location of the signing of the contract. All the above would be to collect the debt through a court because in layman’s terms: “otherwise what court would they know to use?” In other words: They—i.e. the moving party…i.e the debt collection firm HAS to place him within some jurisdiction for collection and that is to be either at a residence or a place where the contract is signed. The latter they rarely do….too hard to prove. Now only HE can claim a residence….all the moving party can do is slap it on some paperwork and submit to a court and hope it flies. But the burden of proof is on the moving party.
The easiest way to dispense with this is carefully seal it back up….mark it No Such Address Return To Sender….cross off your name very well…..drop it in ANOTHER box OTHER than where your post office serves.
In most states unless WAIVERED attorney fees for collection are not allowed on medicial debt. Ignore the debt collection form doing as I say above. Take $5 or $10 per month and pay the hospital…IGNORE when the collection firms tell you to pay them.
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- Or she can take them to small claims court herself. Of course she'd have her parents do all the paperwork. I think it would be amusing to a judge.
On 6/8/2011 7:38 PM, Legalbear wrote:
Robert: Had you thought about having the 5 year old write them a letter saying, “I didn’t know you would charge me for my visit. I’m only five years old.” Bear
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