A debt collector is collecting medical bills 3 years ago when in fact I paid all my bills and even has a letter from the hospital that I am fully paid. When i called the hospital they said I still owe them the amount and that they cannot explain it because it is already transfered to the collecting agency and kept on insisting that they transfer me to the collecting agency even if I kept telling them that I already spoke to the collecting agency to dispute the amount.
Of course you can, the scenario you described is a specific reason a dispute process exists in debt collection of consumer debts.
You may wish to ask for them of the billing details and go back to find your payments (3 years isn't a long time ago) or get your insurance payout statements for comparison.
Depending on who is collecting the debt and how, it may be a violation of state or federal law for them to collect a debt that is already paid in full if that is in fact the case.
I agree with Mr. McClure. Make sure to preserve all evidence of your payments, of any agreement related to settling the claim, etc. I would make sure you dispute the claim IN WRITING and if the collector doesn't act lawfully they should expect you to make claims against them under state and federal law, including claims for recovery of your attorney's fee. A letter from a lawyer might stop this.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
You will want to take the last bill you received from them, write that you dispute the debt on the bill and the reason why and request "validation" of the debt alleged to include a charge and payment history, then sign and date your note. Enclose a copy of your proofs of payment if you have them, address, return address and stamp an envelope using the debt collector's correspondence address if different from payment address. Take a copy of both, send the letter certified mail, return receipt. If they fail to provide the requested validation or fail to respond but continue to take action to collect the debt, contact a consumer debt attorney to review the violations and assist you in resolving the alleged debt.
Please post your follow-up questions in the comments to your question so that others may benefit. Specific case related questions will not be answered in AVVO messages. This response is for general informational purposes only and is not intended to create an attorney-client relationship nor to be relied upon as definitive legal advice with regard to your issue. It is impossible to provide precise advice tailored to your specific situation without a comprehensive information-gathering consult. This attorney cannot stress enough how much easier and cheaper it is for you to prevent a legal problem by consulting with an attorney initially than it is to fix a problem afterwards.
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