Legal Question in Credit and Debt Law in California

Proof of payment

I was contacted by a collection agency stating that I had an unpaid hospital bill. Back in 2000 this was paid over 21 payments where it was taken directly out of my checking account. Now they are saying that I have to pay again or prove that I have already paid this. In order to get my bank statements it will cost ME $84. Why do I have to pay to prove to them that they made the mistake and what recourse do I have to get my costs repaid? They say that I only have a few weeks to get them this information or make payments before they report it to the credit agencies.

TIA

-Anthony


Asked on 3/17/03, 9:29 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Proof of payment

Thanks for your inquiry.

The reason you are "proving" to them that you've paid this is because they do not have proof that it is paid.

If they report you to the credit agencies and then you can establish later that it was their mistake, you are entitled to get your costs back if you sue them, as well as any damages for false reporting as to your credit report. Likewise, if they agree to take off your negative information and agree it was their fault, you can sue for reimbursement of the bank charges, most likely in small claims court.

Best of luck.

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Answered on 3/17/03, 10:18 pm


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