Collections Law/Credit


I have been working on correcting my credit for a few years now and I sent out the last few letters requesting proof of debt being mine for some debts stating they occurred in 2009.  There were two I do not think are mine.  One is a 33 dollar bill from a radiology place who says my daughter had an xray, when she was four months old that was partially covered under a specific insurance policy that the bill says it filed.  My daughter has never in her life had that insurance.  The only xray she has ever had was when she was a year old and has been paid in full.  Then I have another one from the same radiology place for myself that states private pay a few months after it says my daughter had one.  I have never had any medical procedure done in which I was not covered under insurance.  If this debt is mine I don't mind paying it.  However, I honestly believe it is not and with just the bill I can't prove anything or I don't think I can.  What else can I do to prove these two bills aren't mine or might I be better off just paying them since they are both for only thirty three dollars even?

Tonya:    This is one area (correcting credit reports) where the law says one thing, but where the people involved (in this case the credit reporters, Experian, Transunion, and Equifax) just pretty much ignore the requirements placed on them by the law.    You can challenge the entries and they will say they verified the debt, but the fact is that virtually all of the time, there is no verification whatsoever.    Last week there was even a piece on 60 Minutes on TV about this.    What it boils down to is this -   if it is important enough for you to do so, the only way to remove these erroneous items (and keep them removed, because sometimes they remove them and then put them right back on) is to bring a lawsuit.    That has certainly been my experience over the past 30 years of doing these kinds of cases.   IF you file a lawsuit, they will virtually always settle and both remove the entry and pay a few thousand dollars to settle the suit for nuisance value -  but without the suit, you have no leverage.     If you wanted to do this, I could help you and would charge you a few hundred dollars, and the entries would more than likely be resolved, but short of that, you are almost surely going to be unsuccessful writing protest letters etc.       Also, it is probably not a good idea to talk to these outfits that supposedly correct your credit report.   Chances are with them you are just putting good money after bad.    They will just do the same thing you did, but they are usually somewhat more dishonest about what they can do or can't do.   You might also consider that the false entries that you have arenot hurting you all that much anyway, and they will come off of your record after 7 years.

You can call me anytime you wish to talk about this further, and I will not charge you just to talk on the phone.     915  261-3893  

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If you have been served with a summons and complaint, I can answer questions about what your options are and what you can expect to occur.


Experience with many lawsuits over the past 30 years.

Law Degree (J.D.); Bachelors Degree

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