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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Debt Collection Lawsuit

Collections Law - Debt Collection Lawsuit

Expert: Regan Shinski - 10/28/2009

Question
I was sued by my Medical Center for 4 unpaid bills. I have proof of payment of all, filed an answer with the court %26 gave their lawyer proof of 2 before the pre-trial hearing. It was only 2 because their lawyer said they would "take care of the rest". At the pre trial hearing the lawyers representative only acknowledged the 2 payments I had previously given them proof of. I then had to give copies of my remaining proof of payments (to the lawyers representative at court) %26 the court is to set up yet another pre-trial date. The lawyer's representative stated to the Judge that it was "a classic case of double dipping". I'm doing the work, going to court, for bills that were paid before the lawsuit was filed against me. Do I have any rights ? What happened to innocent until proven guilty ?

Answer
Hi Darci:

Often doesn't seem fair, does it? You main rights are when they are in violation of the Fair Credit Reporting Act (FCRA# or Fair Debt Collection Practices Act #FDCPA). The FDCPA is used for third-party collection agencies or attorney offices. It is the easier of the two to use. If it is the medical office itself suing you, the FCRA is your primary offensive weapon, albeit a difficult one. Based on the information you gave me, I really cannot give you specifics because I don't know if they have violated any portion of these statutes.

Most states also have their own version of these federal statutes that may give you more options and damages.

All the above are primarily based on how they reported it on your credit reports and their collection techniques. You should get copies of your credit reports. A free copy is available at www.annualcreditreport.com once a year. If these accounts are there as unpaid and you paid them, it is a very egregious error. If you paid them on time, they should not be reported at all.

Your basic action is to find a violation in one or more of these statutes and file a counter-suit or separate federal case. All the statutes call for penalties, damages, and costs. For example, if you use an attorney and win, they have to pay your attorney bill.

A secondary option is to file a countersuit asking for punitive damages. This is usually only allowed when they KNOWINGLY did something wrong. Willful noncompliance is the term. Based on what you are telling me, that is a distinct possibility here.

I sorry I can't answer specific details for your case based on the information provided. This is not the best forum for such complicated issues. However, I hope this points you in the right direction. You do have options and the possibility of a strong case seem to be in place. You may want to contact an attorney for a free review.

Good luck and let me know how it turns out :)

Regan
mbscompany@aim.com

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