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A medical office sent me a bill. They agreed to set a monthly payment plan. I made monthly payments for about 2 years.

Elk Grove, CA |

I paid about 1/3 of the bill. However some of my payments did not show on the monthly bills that the medical office sent. I phoned the medical office and sent them letters and I included proof of these payments. I then stopped making monthly payments for 2 months until they correct their mistakes.

The medical office transferred the bill to a collection agency. The collection agency sent me a letter with the unpaid balance which did not include my payments that was not credited to the bill.

Does the collection agency have a legal right to negatively report my credit before 30 days of them receiving the bill?

Does the fact that the amount sent to me from collection is not correct invalidates their claim and hence can not negatively report it and must send it back to the provider?

Attorney Answers 3


With my clients, we'll initiate a dispute with the credit reporting agency. At the same time we will request a complete accounting in writing of all payments received. Usually, it will take a manager to authorize the accounting. With these things combined we can usually get to the bottom of the problem.

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You have rights, and remedies, under both the Fair Debt Collection Practices Act and under the Fair Credit Reporting Act. You need to get a copy of your credit reports, and a copy of the documents relating to the subject account, and meet with an attorney. You need an attorney in order to properly demand that the account be corrected or to "set up" the collection agency and/or original creditor for suit.

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I don't think there is a legal issue with the debt collection agency reporting the account on your credit within 30 days. You have legal rights to dispute and correct the debt amount on your credit report. Further, you have rights to request that the credit reporting bureau validate the debt.

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