Need Small Claims court advice

Discussion in 'Credit Talk' started by Fuba, May 31, 2002.

  1. Fuba

    Fuba Well-Known Member

    I paid a bill with a A&S. It's a Dr. bill. So far it's not off my report. Can anyone explain the Small Claims Court process? I'm in NJ. I never even been in a court. If I get to that point where I have to take off work to file papers or go to court, somebody's gonna pay! What can I sue for, and how much? I want to be armed and ready before I go to battle! Can I sue the Dr. as well as there CA? I think if a judge looked at the A&S as well as other letters I sent, I would win, easy, but then again, in court anything can happen.
     
  2. shaolin76

    shaolin76 Well-Known Member

    Did they agree to take it off your reporst for payment? if so did you get it in writing?
     
  3. tonyastime

    tonyastime Well-Known Member

    fuba, were you actually late? If so the notation does not automatically come off your report. If you are saying that youhad paid them and not late the payment you have grounds for suit if they have caused you damages, like credit denial or insurance rate hike. You need to provide more info.
     
  4. Fuba

    Fuba Well-Known Member

    These were medical bills that went into collections. I paid them in full with an A&S letter. The CA is still reporting them to the CRA . The way I see it, if they didn't intend to remove these items, they would have sent the check back. All they have to do is tell their CA's to pull the item, or send me a letter asking the CRA's to delete their accounts. Where do I go from here?
     
  5. sassyinaz

    sassyinaz Well-Known Member

    Fuba,

    The problem with the A&S that you are describing is that it requires an agreement by BOTH parties.

    Sassy
     
  6. tonyastime

    tonyastime Well-Known Member

    fuba,
    One thing is that a collector never never has to remove any thing that was reported to the credit bureus. please read over posts. You needs grounds to use as leverage for deleltion. You are not intitled to deletion because you paid. and remember collectors and OC'c lie all the time about removal of entries you need something in writing from them saying they will remove. The law does not require deletion of any legitimate entry on your credit report just because if you pay the out standing balance.
     
  7. Fuba

    Fuba Well-Known Member

    So if the OC who I owed $ to and paid with a RE letter would win if I went to Small Claims court to get a deletion? If it were me, I would call my collections people and tell them to delete this listing. After all, who wants to waste a day in court for something I allready got paid for? What do you think?
     
  8. tonyastime

    tonyastime Well-Known Member

    one thing fuba, thry doc's nut case letter it is used for acconuts that are paid . do a search for it, I have heard it is very successful for getting deletions.
    good luck.
     
  9. Fuba

    Fuba Well-Known Member

    Does anyone have a "nice", letter I can send to the OC requesting deletion? What do I need from the OC in ordrer for the CRA's to delete this listing?
     
  10. cable666

    cable666 Well-Known Member

    Fuba,

    You've lost your best negotiating tool, your money. It is better to get these agreements ironed out before paying. Now they have your money, so they have no incentive to work with you.

    As posted sooner, they are not required to removed accurate information, and paying a deliquent debt does not remove it from your CRA file.

    Your only option is to become a total pain-in-the-a** and make their life miserable until they remove it.

    Good luck.
     
  11. sassyinaz

    sassyinaz Well-Known Member

    Fuba,

    What was the wording of the accord and satisfaction that you sent payment with?

    Sassy
     
  12. uniondiva

    uniondiva Well-Known Member

    fuba,
    you need them to fax you a copy of the udf form that they send to the cra. you can try writing your own nice letter and posting it here for comments, but most ca don't care about being nice, especially after being paid.
     
  13. Fuba

    Fuba Well-Known Member

    This was paid to the OC, in this case a DR.'s office, not the CA. I sent the check with a letter that said, "By accepting my payment, you agree to delete any negative information on my credit report, and/or, you will contact any Collection agencies you use to delete any negative information on my credit report. They took the check of course!

    I just sent a "nice,nice", letter to the Dr., really sucking up, asking for his permission to delete. I don't know if he'll respond. If not, I don't know what to do next.

    Would this work with the CRA's? This is what I put at the bottom of my "nice,nice", letter:
    To whom it may concern:

    Please delete any information for account # XXXXX

    Signed:: Mr Doctor, address
    __________________________________________________
    P.S. What's a UFD?
     
  14. Fuba

    Fuba Well-Known Member

    <bump>
     
  15. sassyinaz

    sassyinaz Well-Known Member

    Fuba,

    I almost hate to post this, but I think you'll get the best advice this way.

    I've never used an A & S agreement but have read about them on other credit-related message boards.

    I've not read here that it is usually recommended, I think because it is tricky to pull off and very much depends which state you are located in whether it can even be enforced.

    That said, here's a link to another message board (sorry pbm if not allowed, shrugging -- I don't know) http://www.aimoo.com/forum/freeboard.cfm?id=332192. Kim, I believe her name is, gives similar recommendations and follows strategies close to the ones promoted here. She does however, use A & S as a part of her overall strategy and would have experience to answer your question with.

    Sassy
     

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