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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a professional, educated person, age 53, and a 28 year

Customer Question

I am a professional, educated person, age 53, and a 28 year school teacher. I had a dentist's office turn me in to collections for $252. The bill had been going to my wife's address (we live apart for job reasons only--we can't find a job in same local, and don't want to use that as an excuse for one of us to collect welfare. We have been seeing each other on weekends for 6.5 years now due to this.) True, my wife should have alerted me to the bill, but we are both extremely busy. I went in to the office and paid the bill in full, even though the wisdom teeth surgery this place performed on my was a disaster (or so said a second opinion) but it is on my otherwise flawless, over 700 credit now until 2022. I have been told the collections agency could remove it if they wanted to, but won't. AS I said, I answered their calls, and paid them in full. I really don't want this on my credit for 7 years. Please advise on either 1. getting it off my credit, or 2. taking action against the office that originally reported it since they sent the bill to the wrong address. PS: when I walked in to pay the bill they acknowledged that I HAD called and given them MY address.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: TExas
JA: Has anything been filed or reported?
Customer: AS i said, they turned me in to collections with Mid Michigan collections agency.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the credit collection agency does not have to remove the debt from your credit report. However, you can start the process by sending a letter to both the collection agency and the dentist stating that this report is caused by negligence of the dentist in not sending the bill to the proper address when they had the proper address and as such the report is false against the fair credit reporting act in that had they sent the bill to the proper address it would have been paid. Tell them if they refuse to get the negative report removed, then you would pursue damages against them for the damage it has caused your credit.
The problem is, and I know it is principle you are mad about, but if they refuse and you go to court, the claim is worth not more than $1000 pursuant to the FCRA. So you have to decide if suing for money damages of no more than $1000 is going to suffice for having this one negative mark on your credit. However, you can sue in small claims and not use an attorney and pursue it if you choose.