QUESTION
What can we do if my wife was billed and sent to collections by a medical clinic we've never been to, getting her credit adversely affected?
Asked on May 24th, 2014 on Bankruptcy - Washington
More details to this question:
A state medical clinic has mistaken my wife for one of their customers. They have sent several bills to our address, have forwarded her to collections, which has placed derogatory items on her credit history and significantly lowered her credit score, recently disqualifying her for a mortgage loan. We called the collections agency at the bank who said the only information they used for this was my wife's first and last name, and the street address. The bills by mail we have received indicate a person with a different middle name, and the address does not precisely match any unit designator in the rental area, indicating either an error or fraud on the part of the real customer. I'm in the Army and we are covered by Tricare and go to the on post hospital, and have no reason to go to this clinic. I ask how can they do this without fully verifying her identity? Have either the clinic or collections agency violated any laws in doing this? What can we do?
2 ANSWERS
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You need to defend the action. That means that you must file an answer, go to court and submit evidence.
Answered on May 29th, 2014 at 6:36 PM
William M Stoddard
If contact with the does not resolve this, the only way to deal with it is to start a small claims action against the agency claiming that their false claim against you and your wife has impaired your credit, asking to be compensated to the full extent of the small claims department limit (usually $5,000.) While small claims is not normally used this way, if you start the suite and get the agency served, which might involve going to the Sec. of State to learn who is the agent for the company to deliver papers to as delivery to the address of the business is sometimes not complete service, although I would do it anyway too, and see what happens. I suspect their investigation when a matter of suit will result in a retraction and clearing up of the matter. Good luck. You do not need an attorney for small claims. You would go to your district court to get the forms and have to pay a fling fee of approximately $75.
Answered on May 28th, 2014 at 7:02 PM