Legal Question in Credit and Debt Law in New Jersey

Collection agency notice for debt that doesn't exist

I received a notice from a collection agency for a utility bill that they claim is due (from July 00). The utility company agrees (by phone) that my payments with them are up to date and I own them nothing. However, they will not contact the collection agency. The collection agency notice also makes statements that this could be reported to credit agencies (ie. affect my credit rating). I would like this claim removed and I want to be assured that my credit rating is not affected. Can I sue either the utility company or credit agency? Will a lawyer take this on a contingency? thanks


Asked on 3/07/02, 5:53 pm

1 Answer from Attorneys

Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: Collection agency notice for debt that doesn't exist

First, send a certified letter to the collection agency stating that you dispute the debt. Tell them that the utility company has stated that there is no amount owed. Second, get the utility company to send you a letter stating that you do not have any balance due and that there is a records mixup. Send that letter by certified mail to the collection agency. Third, order a copy of your credit report from the three major credit agencies. Make sure that the charge does not appear. If it does, follow the procedures to dispute the debt with the credit report company. Send them copies of the certified letters that you sent to the collection company. That should do it. As far as a contigency - what would the contigency be? You want to pay only if the matter is resolved? That isn't how this area of the law works. Save yourself some money by doing it yourself. It's not worth paying a lawyer unless you have major credit problems or if you have exhausted all of your personal efforts (see above). Good luck!

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Answered on 3/07/02, 6:19 pm


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