Legal Question in Credit and Debt Law in Michigan
I believe I'm being unfairly harassed for a collection that I made every effort to pay. Initially I tried to pay for services for my daughter but the chiropractor's credit machine didn't work. Since then I was sent bills . Each time I tried to pay but was told by the secretary that my account was current and I owed nothing. I was then sent to a collection agency. When I disputed the charge I was sent a letter from the chiropractors, in the letter they admitted that I tried to pay but couldn't find the balance because it was under my daughters name and not mine but in the same paragraph they told me that I didn't respond to the bills they had sent. They sent the bills, I took them to the office, they told me I was current and then I was sent to a collection agency with additional charges tacked on. How do I fight this?
1 Answer from Attorneys
Creditors are regulated under the Michigan Regulations of Collection Practices Act. In this case, if a person employed at the doctor's office normally attempts to collect debts for the office and communicated information that was false then it is actionable. A lot will come down to the judge that is in charge of the case. I am assuming you have not been sued yet, if you have you have to file an answer to the lawsuit within 21 days if personally served or 28 days if served by certified mail. If there were false representations made in a letter then that is actionable as well but I would need to investigate those allegations. I would get a good copy of a credit report by going to annualcreditreport.com to see if this debt has been furnished to the credit reporting agencies.