On November 1, I received a letter from West Asset Management, demanding payment for emergency services at the local hopital.
Their letter states that the Emergency Physician service is owned by PENDRICK CAPITAL PARTNERS.
An internet search reveals PENDRICK is a collection agency.
So, who do they represent? The emergency services group, or a collection agency?
Two years ago, I was diagnosed with cancer, I went through chemo and radiation and I am happy to be here. During that time, my memory is clouded by very good drugs that erase both short and long term memory. Record keeping was not my priority.
Subsuequent bills from people I have never heard of kept coming.
I looked at the fair debt collection practices act but found it has no teeth, then I found the Uniform Commercial Code, which has been adopted by all 50 states, UCC 3-501 is codified in Georgia at OCGA 11-3-501. This deals with negotiable instruments and presentments. When you receive a letter from a creditor or collection agent, that is a presentment.
2010 Georgia Code
Title 11 - commercial code
Article 3 - negotiable instruments
Part 5 - dishonor
11-3-501 - Presentment
(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument to (i) pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or (ii) accept a draft made to the drawee.
(b) The following rules are subject to Article 4 of this title, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States. Presentment may be made by any commercially reasonable means, including an oral, written, or electronic communication. Presentment is effective when the demand for payment or acceptance is received by the person
To whom presentment is made and is effective if made to any one of two or more
Makers, acceptors, drawees, or other payors.
Now here is the good stuff!
(2) Upon demand of the person to whom presentment is made, the person making presentment must:
(i) Exhibit the instrument;
(ii) Give reasonable identification and, if presentment is made on behalf of
Another person, reasonable evidence of authority to do so; and
(iii) Sign a receipt on the instrument for any payment made or surrender the
Instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made
May:
(i) Return the instrument for lack of a necessary indorsement; or
(ii) Refuse payment or acceptance for failure of the presentment to comply with
The terms of the instrument, an agreement of the parties, or other applicable
Law or rule.
(4) - omitted
So!
Under your state law, before you admit or deny that you owe anything to any one, you have the right to the following information. If you ask for it, and they refuse to provide, they are barred by law from proceeding.
Write them a nice certified letter stating that you are giving them NOTICE AND DEMAND that you do not know who they are and that under State Law, you want the following information:
Exhibit the instrument - not a photo copy, but the original, ink digned copy.
Exhibit their identification - a notarized photo copy of their drivers license will do.
Exhibit their Authority - you want a copy of their contract with the creditor.
Tell them if they refuse, do not contact you again.
They cannot proceed, if they were to try to file a civil suit, they would have to produce it anyway - and they do not want to!
~Enjoy~
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