If Iam receiving collection notices for a debt I have already paid in full, can I take legal action?
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If Iam receiving collection notices for a debt I have already paid in full, can I take legal action?
I have paid a hospital bill with a credit card and have the credit card statement saying that the hospital has been paid. The hospital kept giving me notices, which I called and they told me to mail a copy of my credit card statement with proof of payment to another address of the hospital. I did this and a week later I received a collection agency notice over this debt. My husband and I have good credit, because we have never been behind in our bills. Can we take action against the hospital for hurting our good credit over this?
Asked on October 18, 2010 under Bankruptcy Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Are you sure that your credit has been damaged by this yet? Run your credit report and see. Then, I would familiarize yourself with the Fair Debt Collection Practices Act and your rights on disputing a debt. If the debt has been reported then you need to contact the credit bureaus and dispute the debts to start the process of removal. You need to contactthe hospital and the collection agency and advise them that the paid bill is being reported incorrectly and that you wish it to be removed or that you will file a complaint against them. Generally, they will correct the problem that they caused. AS for suing them, I would take all the paperwork and proof to someone in your area. You have to have damages that are proven damages in order to be able to sue someone. Have you been denied a loan because of them, etc. Good luck.
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