Legal Question in Consumer Law in California

Several years ago, I was a pedestrian who was struck by a car. I did not have health insurance. The medical bills went unpaid. The medical bills were charged off, and the debt was sold to a collection agency. After the lawsuit, I agreed to pay the collection agency with the expressed stipulation that they would remove the charge off from my credit profile. However, when I got the payoff letter, the collection agency�s letter stated that the debt had been paid in full � but they were not responsible for contacting the credit bureaus to remove the charge offs. I feel this was bad faith on their part. What recourse do I have with the collection agency act of bad faith?


Asked on 8/06/12, 9:23 pm

1 Answer from Attorneys

If you did not get the "stipulation" into the record in open court, or in a mutually signed agreement, you have nothing. If you did, then you can sue for breach of contract and breach of the implied covenant of good faith and fair dealing.

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Answered on 8/07/12, 4:33 pm


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