Legal Question in Credit and Debt Law in Wisconsin

Hi, In June 2010 was the first time I had checked my credit report. I was going through the steps of applying for a mortgage loan, when I saw that I had a $36.00 medical bill sent to collections. This is the first time I was ever aware of this delinquency, so I immediately paid the outstanding amount. I am 22 years old and still in school, so I am still under my parents insurance. I then immediately filed a dispute concerning the bill, informing them that I had never been contacted nor aware of this bill. A few months later I received a refund check from my medical provider for the $36.00 I paid through the collection agency. I assumed that they received my dispute and realized it was a billing mistake. Yesterday I went to check my credit report again, the bill is still on my credit report and still listed as unpaid. I proceeded to go to my medical provider and they refuse to take this off my credit report. And while I said I am trying to purchase my first home, this is a very serious matter to me. I tried to explain to them that I do not receive the medical bills, that my mother does because it is through her insurance and if she signed a legal obligation to take over the medical payments, then how is it possible for them to send this to collections on my credit report. Is there anything else I can legally do? Or is this going to hurt my credit score for the next 7 years?


Asked on 1/07/11, 3:03 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

If this derogatory statement on your credit report is false and you can prove it in court, you might want to consider suing the creditor for defamation (the knowing publication of a false statement which causes you economic harm). You could potentially sue the credit bureau if they too refuse to correct the entry after you furnish them with your proof that this is an error. If you win, you might be able to get injunctive relief in the form of a court order for them to fix the problem or face court penalties for contempt. The bad news, however, is that this will all be expensive, although your eventual judgment might order the defendant(s) to pay some of those expenses. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible, since time limits can apply to many different types of legal matters which could severely harm your case if they expire without receiving proper attention in a timely fashion. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible. However, you are welcome to contact me at my office in Racine if you wish to discuss this matter further.

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Answered on 1/15/11, 10:31 am


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