Legal Question in Credit and Debt Law in Nevada

Unfair Collection... Ruining Credit Scores

We took a child to the Hosptial ER for treatment with various departments performing services.

We moved shortly thereafter... with the following information remainig the same-

(1) Home phone#

(2) Work phone#

(3) Employer address

(4) Employer contact info

(5) Secondary address and contact info.

Two (2) of the three (3) departments within the hospital were able to notify us of the amount owing (invoice/ bill) with our payment being made immediately. The third (3rd) department (allegedly) was not able to contact or reach us and submitted the account to collection.

It appears as though neither the Hospital department (in question) nor the Collection Agancy made a bonified attempt to send us a bill as the other departments within the Hospital were able to contact/ notify us and receive immediate payment.

(We were not attempting to avoid paying the amount due, we had no knowledge of the account being past due nor did we have any knowledge of it being submitted to collection... until a credit report was pulled later that year.)

What are my remedies for correcting what appears to be an unfair debt collection practice and collection filing which is ruining my credit score?


Asked on 3/16/04, 9:38 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Unfair Collection... Ruining Credit Scores

I am not licensed in Nevada, you may want to consult with a lawyer there. However, under Federal law the collection agency may have violated 15 U.S.C. � 1681. The hospital may have been negligent in attempting to contact you and by making a negative credit report. I suggest you contact the hospital and collection agency and offer to pay the debt on condition that they remove the negative credit report. They will object and say it is not possible, but persevere. It is a little out of the ordinary, but it can be done. You can also file an objection to the report with the credit reporting agency(s) and give your explanation. Remember all the collection agency and the hospital want is money. Negotiate firm but politely. Keep records of the people with whom you speak. Get all agreements in writing.

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Answered on 3/16/04, 10:24 pm


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