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Debt not valid - who to contact - org creditor, coll agncy or credit reporting agncy

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SouthAustin

Junior Member
What is the name of your state (only U.S. law)? Texas
I discovered a collection account from a Collection agency on my credit report from a group of emergency room docs. I haven't been to the emergency room in years and had never received any bills from them so I wrote them Certified Mail Return Receipt asking for validation of the debt. After not hearing from them for 30 days I disputed the item on my credit report saying that the debt was not verified and furnished the letter I sent and proof of delivery . About a week past the 30 day mark I received a letter from the collection agency dated 3 days after the 30 day mark saying the original creditor had verified the debt. They didn't provide a copy of an actual bill - just an amount, a date of service and a patient name. The patient name is not mine or any of my dependents and I'm certain the debt is not mine.


Since the Credit Reporting Agency will simply pass the info I sent to the collection agency I'm guessing that they will come back and say the debt is valid since the collection agency already wrote me and said the debt is valid. My question is if the credit reporting agency comes back and says the creditor has verified the debt what's my next move ?

PS Note in terms of lawsuits and jurisdictions the original creditor is located in my city but the collection agency is in another state
 
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justalayman

Senior Member
the 30 day period is the time you have to seek verification of the debt. It isn't the time they must respond by. Also the 30 day period is the time you have to seek validation of the debt IF they contact you to collect the debt. Since you were not contacted there is no 30 day period involved.

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

what is required as verification is not stated. It is clear it is very minimal though. The gist of the law is simply that they verify the debt is the correct amount and the debtor being chased for the money is the person the creditor says who owes it.


The patient name is not mine or any of my dependents and I'm certain the debt is not mine.
I did notice you did not say you do not know the patient. Do you? Is it possible you assisted them at some time and signed something at the providers office that might have indebted you? How would they have gotten your name and other information with which they could identify you for the sake of reporting this on your credit record?
 

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