Legal Question in Credit and Debt Law in New Jersey
I have always had good credit but recently I received a bill from my old doctor's office collection agency for $95.00. The date on the bill was from 4 years ago. I called them and told them that this bill was from a long time ago and I really dont remember the services. I asked if they could please provide me with any type of proof that they preformed the services listed in the bill, anything with my signature on it would be fine. They told me they didnt have any like that and if I didnt pay the bill they were going to put me into collections.
My 1st question is dont they need to provide me with some type of proof other then a bill from there office with no signature on it?
My 2nd question is how do I fight this? I dont mind going to court over this but what court do I call?
My 3rd question is how do I stop them from ruining my credit ?
2 Answers from Attorneys
(1) A four-year-old $95 charge is not likely to ruin your credit. (2) You con only control what court a matter is decided in if you are a plaintiff. (3) You are entitled to a statement of the charges under the FDCPA. Ask for it in writing.
See also: http://info.corbettlaw.net/lawguru.htm
First, put EVERYTHING in writing! Send them a letter RETURN RECEIPT, nicely refuting any unpaid bill, and that if they do not believe they are in error, demand that they provide proof of the specific unpaid services, and that if they are not going to provide proof of unpaid services, demand a letter stating they were in error and no money is due, for your records. Second, they may not respond, in which case, you send them a second and third letter, stating that they have not responded to your initial letter dated __/__/2009 (and second letter dated __/__/2009). IF they respond, do you remember that service? Sometimes they make mistakes! If it was a service you received, check to see if the claimed bill was for something covered by your insurance, and if it was, tell them they failed to invoice timely (if you do not remember an invoice you just forgot - assume they never invoiced you), and your insurance company will only pay for services invoiced within 1 year, so they are out of luck. If they fail to invoice, the failure to get paid was due to their negligence. Unless at some point you feel it is not worth fighting over $95, in which case tell them you will pay, but you want to be sure they have not reported you to any credit reporting services, and you will then pay. KEEP RECORDS OF EVERYTHING!!!