Legal Question in Credit and Debt Law in Virginia
Collections not collected by agency yet
I ordered a copy of my wife's credit report and noticed that there are two accounts in the ''Collections'' section that we have not been asked to pay by these agencies yet.
Am I permitted to contact these companies myself in order to arrange payments and should I fear that in doing so, they could make up an absurd total amount that I will owe? The two accounts are only for $38 and $85 dollars respectively. How should I go about doing this?
Are they even allowed to let years go by and not contact us? The only other address they might be using is our in-laws address and they are very good at giving us our mail as they live 5 minutes away
2 Answers from Attorneys
Re: Collections not collected by agency yet
Unfortunately, a business can report any debt they want to the credit bureaus, and the credit bureaus will simply assume the information is correct. If the credit bureau is asked to verify or contest the report, they will simply ask the business "are you sure?" and the business will say "Yes" and this charade is called verification.
They have no obligation to contact you at all, ever.
However, there is no reason why you cannot contact them. Why would there be? Of course you can contact them directly.
You are worried that they might make up an incorrect amount. That is true regardless of whether you contact them or not, and won't change because of you contacting them.
However, if they want to collect on the debt, they have to come to court and PROVE what you owe them. They have the burden of proof. However, until they take you to court all you can do is talk to them.
Re: Collections not collected by agency yet
First you should dispute the entries and see if they go away after 30 days. Do a google search for "Fair Credit Reporting Act" or "Dispute Credit Report Item" (do not use quotes in your search).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
