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  1. #1
    Join Date
    Apr 2011
    Location
    Chicago, IL
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    5

    Post 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?

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default 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.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  4. #4
    Join Date
    Apr 2011
    Location
    Chicago, IL
    Posts
    5

    Default 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.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Should I Dispute This Collection

    Quote Quoting avy
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    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.

  6. #6
    Join Date
    Apr 2011
    Location
    Chicago, IL
    Posts
    5

    Default 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?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

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