Have Legal Questions? Ask a Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll try to answer your questions.
First, you do have a legitimate defense to the claims made against you IF the address you provided the creditor was not used to send you correspondence, bills, etc. I don't think you can get out of paying the debt because you signed up for it, BUT you should have a defense to any late fees, and other charges associated with non-payment because you never received a bill.
As for disputing the matter to hold off the file being sent to collections, that is something that the company will decide - - there's no law about that. The company can hold off and try to figure out the issue and resolve the matter before the case is sent to collections OR it could send the matter to collections and you would have to deal with them about getting this issue resolved.
Thus, all you can do is maintain that you never received notice of any bill due, and that you dispute any late charges and fees associated with any alleged late payments. Then, you will likely also have to offer to work out some type of agreement to pay the debt in order to prevent it from being turned over or even being sued for the debt.
I know they never sent me any bills and I was the one who signed the credit app. They called her and sent her info for whatever reason.
When I called them yesterday I did provide my correct address, could they lie and say they always had it or lie and say they sent me bills to my address or is that something they would need to verify?
I guess my question is: If they say they sent me mail and they say they did who wins?
You CAN prove from the credit application that they had your correct address, so there's really no excuse for them not sending you correspondence, bills, etc.
If you claim that you didn't receive the bills, then it would be up to the creditor to PROVE that the letters were sent - - and if there are no certified mail receipts or other documents proving that the mail was sent AND actually delivered to you, then you should win that argument.
The burden of proof is on the creditor, not you.