Legal Question in Credit and Debt Law in New Jersey

Credit Report Dispute

While checking my credit report I came to know about Collection agency looking for me for $405 since 2002 for Doctor's visit I made in Nov 2001.

Doctor send claims to Insurance with Wrong group number & It got rejected, I remember updating info with doctor's staff but they never did look like. I moved from to new house during this time & Doctor keep sending bill to my old house which I never received & then she sent to Collection agency in Late 2002.

After looking at credit report I contacted collection agency & now they want $405 from me which is not my problem at all. Doctor does not want to do anything as she hand over to collection agency already.

How do I fix with all threes including Credit agency , Collection agency & Doctor. ??

Bad Credit is shown in my credit report since 2002 which is not my fault at all.


Asked on 1/05/05, 10:45 am

1 Answer from Attorneys

Re: Credit Report Dispute

Contact the doctor and advise that they were negligent and breached their contract with you by improperly performing their billing, improperly sending a debt to a collection agency, improperly notifying you of their claimed debt, and improperly reporting you to the collection agencies. Give them 30 days to investigate and correct, or you will sue for breach of contract and defamation of credit.

Tell ANYONE making an inquiry there is no debt, the creditor was negligent, and you dispute the alleged debt. Advise them, orally AND IN WRITING, not to contact you again, and that any further contact will be a breach of the Fair Debt Practices Collections Act (FDPCA), and they will be sued for breach of the FDPCA. Keep careful records going forward. Send ALL notices by FIrat CLass AND Certified Mail Return Reciept.

AND... send letters disputing the information as reported on your credit report to the credit agencies, WITH A SHORT EXPLAINATION WHY THE $405 CLAIMED DEBT IS INCORRECT!

Threats mean nothing unless you follow-up.

After 35 days, file suit in Special Civil Part - it's cheap, fast, and the Court Clerks will help you out or you can get the info off the internet (go to http://www.judiciary.state.nj.us/forms.htm)

Good luck.

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Answered on 1/06/05, 12:45 pm


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