Please help- huge mess
Hi- I'm in over my head
First thing you should know is my husband and I were married Aug 2010. (I know- HuH? I promise you will under stand why that is so important)
We are being sued in Civil Court for Breach of Contract for a medical debt-- going to Mediation on Sept 13th.
Sorry but this is a bit a convoluted and long story, please bear with me as there are several pieces to it.
He had a surgery in Feb 2010 and the hospital charged for the Dr. time & the Dr. office charged for it separately.
Tried talking to them and hit a stone wall. Next we receive a collection notice from a debt collector-- tried to tell them that it was double billed. Same thing wall.
So I sent a validation of debt dispute and received a stack of stuff going back 2 yrs. from the collection company.
Included in this stack were the billing papers from a judgment this company filed against him and were awarded in May of 2010 for medical debts - and they garnished his wages for that total that summer.
Going through this stack they sent me as validation of debt, I realized -There are 5 medical collection accounts of mine that were in included in my Chapter 13 BK (Discharged in April of 2010)- That this is same company (that is currently suing us)- garnished his wages for.
And there 2 additional double billings.
So I'm thinking "oh my God!" and I start going through paperwork (going back to 2007). Included in my files are credit reports I have pulled over the years on both of us. And (you might have guessed it) they have (and still are) reporting his collections on my reports and mine on his. Oh and of course there are duplicates and some showing balances (paid in that garnishment) being reported.
Now, what I have found (going all the way back to our 2008 individual credit reports) is that on his older credit reports- my collections are reported- he is being listed as 'co-signer responsible in case of default'. When I know (because I filled out the medical papers) that I only listed him as an 'Emergency Contact'. On his new credit reports- my collections on his reports- are being reported as 'individual'.
Oh and his collections on my reports- are being reported as 'co-signer responsible in case of default'.
All these are being reported on both credit reports twice, once as described above and the second as 'included and discharged in BK'. Yes, my April 2010 BK.
Next to know is that I have been disputing these accounts since March 2011 and this same company is 'validating as accurate' over and over and over again.
For the last few weeks I have been poring over the internet to find out my rights. I have printed the Fair Debt Collection Practices and basically trying hard to learn quickly. In the mean time, I've been going through 3 yrs of every statement, bill, bank account statement..... trying to build a file to present to the Arbitrator on 9/13.
All of this is coming from the same collections company.
This is were usually I would ask questions, but I don't know what direction to go in with this....
You might be scratching your head wondering why it took me so long to catch this..... well, both of us make our living in RV Sales so ....by Oct of 2008 the savings was gone/ credit cards maxed-tried to save the house- wages had dropped to 25% of 2007's income. Lost the home in Aug 2009-- followed by the BK in April 2010. This Judgment was in the middle of a stack of papers hitting me every month and ..........I just missed it.....even missed it when I pulled our first credit reports in Feb 2011 and started to work on cleaning up the mess this Recession has created.
Re: Please help- huge mess
So are you saying you sent letters to the collection agency stating what happened? Did you also contact both you and your husbands insurance companies?