Debt Is Not Mine

I'm in Georgia and a local hospital continues to try to collect for a procedure to some else with my same name. The Doctor's office realize the mistake and fixed it but the Hospital, Which by the way committed the mistake continues to sell the bill to different collections agencies. Can I sue them to stop this harassment?

Comments for Debt Is Not Mine

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Jun 17, 2010
 There is something else
by: Fandango

I have to apologize because I haven't read all of the comments so I may be repeating the same information but these are the steps you should follow:

1. Obtain the name and address of the collection agency making the calls to you.

2. Write them a "cease and desist letter" - essentially a letter where you tell them to stop calling you because you are the wrong person. Under the FDCPA, they have to stop or you have the right to sue them for violations of the law.

That should do it. However, if it doesn't, here's something else you can try that's a bit more shady but effective. There's a loophole in HIPPA that says that private information cannot be revealed to a third party without consent. You write to the collection agency and request validation of the debt. They'll leave you alone for a month or so and then, they'll provide you with the medical records. The second they do that, you can sue both, the provider and the collection agency for breach of confidential information. At that point, you turn around and threaten to sue. Trust me, they'll leave you alone.

Good luck!
Jun 17, 2010
 collection calls for the wrong person
by: Mary & Gerri

Thanks for submitting your debt collection question on our Q&A page.

It sounds like you have done everything you can to try to resolve this. So we also agree with you that your next step should be to talk with an attorney. In fact, there are numerous cases where consumers have sued debt collectors for pursuing the wrong person, as well as lawsuits against creditors who participate in this.

FYI, we've written about debt collectors going after the wrong person and there a couple of cases mentioned there.

As far as hiring an attorney goes, We would strongly recommend you talk with a consumer law attorney with experience in debt collection cases. Find out how to get a FREE consultation with a consumer law attorney here.

We would definitely like to hear how this turns out for you, so please come back and follow up what you can. Good luck!

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