Bogus Dental Claim

This may be long but here goes. I have creditors specialty services going after me for a bogus dental claim from back in 2003 (I have the proof it is bogus)

They started calling me in the beginning of 2007 and I informed them that the debt was a no go and I was not paying. They decided to go for a judgment. They say I was served but I was not. They said my sister a cotenant signed and the mane of the person that signed the paper is not the name of my sister. I was actually out of the state on the date the papers were served and no one was at my home.

Anyway the creditor called me the Friday before the court date (Mon) and told me I should just pay it or they would get a judgment against me and take my house and car and garnish my wages. I told him I was unaware of the court date and just chalked it up to harassment.

I got the judgment papers a couple of weeks later and there were actually 2 court dates. I did not attend either because I was unaware. The judge said they did not have paperwork testing that I agreed to pay and made a continuance upon such paperwork. (After getting my records I found the form that they forged my sig. on)I guess they made something up and went back to court and issued the judgment.

I filed a motion to vacate on the grounds of not being properly served.

Today I went to court with all of my papers and ready to fight. The rep from the agency came 15 min late, looked over my paperwork and then just left. The judge called the case and I informed him that the guy just left. A couple of cases later the judge told me to go find the guy! Well, I found him at the clerk’s office and asked him if he was going back and he said no. I was amazed. I said you are just not going? He said yes the evidence you have is too much and I am not going. So I reported back and won my motion to vacate.

I called the creditors agency and spoke with the agent and he informed me that this debt will be there forever and will never be taken off.

My question to you is how do I go about reporting not only the credit agency but the dental center that did this. I want that taken off of my report and all of the falsified documents brought out! Sorry so long winded.

Lenora….frustrated in cali

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Hi Lenora,

The experience you have shared shines light on the darker side of debt collection and once again I am reminded of why the Broken Credit Blog exists.  There are so many FCRA and FDCPA violations in your letter that I really don’t know where to begin. 

To answer your question, you can file a compliant with the California Attorney General’s Public Inquiry Unit at (800) 952-5225 and the FTC at 877-FTC-HELP.

In addition to the above, you should file a CMRRR dispute with the CRAs and document your case.  If it doesn’t get removed, then the next time you go to court, you will likely be the one leaving with a judgment award. 

Thanks for the questions and Naca.net has some great consumer lawyers.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.