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Should I Dispute This Collection

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  • 04-26-2011, 12:48 PM
    avy
    Should I Dispute This Collection
    My question involves collection proceedings in the State of: Wisconsin

    My state refund was intercepted from a bill collector that claims I owe $2000 for services I received in 2004. I was never aware of this debt because I never received any notification in the mail. Had I known of this debt, I would've disputed it a long time ago. Also, at that time I was a minor and was not in the right state of mind to be signing any legal documents, and my guardian was not there at the time nor was notified. I feel that I should not have to pay this debt, and would like to know what my options are in order to dispute this debt if it's not too late? Also, what are the chances that the dispute would be in my favor?
  • 04-26-2011, 01:11 PM
    antrc170
    Re: Should I Dispute This Collection
    How exactly was your refund intercepted by a bill collector without a judgement against you?

    How are you responsible for a this debt if you were a minor at the time? A minor, unless emancipated, can not enter into a legal contract.
  • 04-26-2011, 01:18 PM
    jk
    Re: Should I Dispute This Collection
    were you ever sued for this debt? Is there a judgment?

    How old are you now?

    what was the debt for?

    Quote:

    Quoting antrc170
    View Post
    A minor, unless emancipated, can not enter into a legal contract.

    Not always true. In most states, they can enter into a contract. It is simply a matter of it being enforceable or not. I minor can often refute a contract but even then, not always.
  • 04-26-2011, 02:00 PM
    avy
    Re: Should I Dispute This Collection
    antrc170 - I'm not sure how the collection agency was able to intercept my refund, I never received a summons. I was 16 at the time.

    jk - I was never sued, at least not that I am aware of. There's no judgment to my knowledge. I checked my credit report and nothing on it indicated any outstanding balance or judgment. I am 23 now. The debt was for medical services.
  • 04-26-2011, 02:47 PM
    jk
    Re: Should I Dispute This Collection
    Quote:

    Quoting avy
    View Post

    jk - I was never sued, at least not that I am aware of. There's no judgment to my knowledge. I checked my credit report and nothing on it indicated any outstanding balance or judgment. I am 23 now. The debt was for medical services.

    a judgment may not show up on your credit report. The only place to know for sure would be in the court is was awarded. As to a debt not showing up on your credit report; there is no requirement a creditor report to the CRA's.

    You need to contact the treasury to determine by what right they diverted the funds. There has to be a court order to allow such an action. I would also contact the creditor to ask the same question of them.



    and especially since it was a medical debt, there is a much greater likelihood you could be held liable for the debt. Contracts that are enforceable upon minors, where such an allowance exists, are limited to contracts for the necessities of life. Medical care would be within that umbrella.
  • 04-27-2011, 01:43 PM
    avy
    Re: Should I Dispute This Collection
    Thanks for the advice.. Guess this means ultimately, I have to pay off this debt.

    But does it still affect my credit even if it doesn't show up on my CR?
  • 04-27-2011, 01:50 PM
    jk
    Re: Should I Dispute This Collection
    Quote:

    Quoting avy
    View Post
    Thanks for the advice.. Guess this means ultimately, I have to pay off this debt.

    But does it still affect my credit even if it doesn't show up on my CR?

    if it doesn't show up then no, it will not affect your rating. The problem is though that if there is a judgment, it could show up anytime during the life of the judgment.

    If you do pay this debt, I would seek a commitment from the creditor that they will not submit this to any credit reporting agencies in exchange for paying the debt.

    Now, do not misunderstand what I said. You may not have a judgment. Without investigating this, there is no way anybody here can tell you if you do or don't. Even if there is a judgment, there is no way to know, from here, if it was obtained properly. If this is actually your debt, simply due to being a good and honest person, one should always pay their debts but if you believe this is not a valid debt, by all means, investigate it to be sure that it is.

    and if this is based on judgment, be sure the judgment creditor files a satisfaction of judgment in the appropriate court.
  • 04-27-2011, 02:34 PM
    avy
    Re: Should I Dispute This Collection
    The biggest problem I have here is that this debt dates back 7 years. Within the past 7 years, I received no notification of this debt or that any legal action would be taken. I'd really like to dispute this claim, but I don't know where to start. Usually when medical services are given, the facility will offer the consumer payment options if the consumer at the time, is not medically insured.

    Here's some background about me:
    In 2004, I was 16 at the time, I was in high school and my closest friend committed suicide. I was of course devastated by this tragedy and my guidance counselor at the time took it upon herself to have me seek group counseling. I agreed without realizing what this would entail. I was then escorted by a police officer from high school grounds to the police station where they assessed me. I was then picked up by an ambulance and taken to a mental health complex where they again assessed me and made me sign legal documents (I didn't know what I was signing). In the meantime, my parents were not cognisant of what was happening. I was not suicidal, I was just devastated after what happened and in no right state of mind to make legal decisions for myself.

    After I was registered, my mother was finally notified as to where I was, and was not in accordance with the decision of my school to have me sent to this facility. 8 hours later (no medications given, nor any counseling offered, just assessment after pointless assessment to assure that I was not suicidal), I was released and went home with my parents. Total damage= $2000. I received no notification of billing or legal action because the collection agency claimed to not have an updated address on file. I only found out about this debt when I contacted the state regarding my State Tax Return.

    There HAS to be something I can do!

    Quote:

    Quoting avy
    View Post
    After I was registered, my mother was finally notified as to where I was, and was not in accordance with the decision of my school to have me sent to this facility. 8 hours later (no medications given, nor any counseling offered, just assessment after pointless assessment to assure that I was not suicidal), I was released and went home with my parents. Total damage= $2000. I received no notification of billing or legal action because the collection agency claimed to not have an updated address on file. I only found out about this debt when I contacted the state regarding my State Tax Return.

    I received one bill from the original debtor, but nothing more after that. When I received the initial bill, my mother disputed it with the high school, but apparently that didn't make a difference.
  • 04-27-2011, 02:53 PM
    jk
    Re: Should I Dispute This Collection
    well, you contact the folks in Wisconsin (in my state it is the department of Treasury that deals with income taxes) and ask them what court order they acted under in diverting your refund. With that, you track back to that court to see what judgment allowed the order to seize your refund. Then you can see what happened in this suit you aren't aware of.

    Was there any sort of phone number or contact in the notice that they seized your refund? Generally that is how most states do that. It often says something like: your refund was deiverted to a creditor. If you have any questions of believe this was in error, contact (whoever).
  • 04-27-2011, 03:40 PM
    avy
    Re: Should I Dispute This Collection
    I'll try that. Thanks again.
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