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URL:  http://boards.fool.com/windyelliot-you-wrote-if-this-is-not-your-debt-19666873.aspx

Subject:  Re: I have a collection!!! Date:  10/3/2003  11:17 PM
Author:  joelcorley Number:  171050 of 308881

windyelliot,

You wrote, If this is not your debt, then it shouldn't be listed on your credit report in the first place, especially considering your state law. The first thing I would do is contact the credit reporting agency and dispute the bill and then I would deal with your ex in getting her to pay it. But I would not claim any responsibility to the credit agency at all and I would simply dispute it. Then it will be up to the collection agency to prove it is your debt.

I immediately filed a dispute with TransUnion using their online system Wednesday night. I almost regret it at this point though. I have absolutely no idea what documentation the CA has yet -- except for what I was told in today's phone call. If the CA is able to satisfy TransUnion, filing an appeal will be more difficult because they may automatically reject it without some kind of affirmative defense.

I wonder if this isn't really and older bill than they say it is. (It's possible that the 10/09/02 date isn't really the date of service.) Shortly after my XSO left me, she had some serious problems with her diabetes. She wound up hospitalized close to a diabetic coma -- she'd not had me to hound her into properly monitoring her blood sugar and hadn't eaten since breakfast. She was out a day later.

When her mother phoned me to tell me about her collapsing, I drove over to the hospital immediately. Since she was incoherent and I was her husband, they asked me to sign the paperwork. I spent months afterward trying track all that down to make sure it got paid -- and I don't think she ever paid me back for the deductibles and co-pays, not that it's important. That was nearly 3 years ago now. I'm wondering if this wasn't just some lab work or radiologist's bill that never got paid from that hospital stay. Technically, I would owe that, since I'd signed her admission paperwork...

But at the moment I have to assume this isn't the case because they're claiming a much more recent date. Anyway, I'll probably have a better idea when I see the itemized statement and the letter from the CA next week. We'll go from there. If it's really an old one, I'll try to work with them and if they won't do what I want, I'll attach a statement in my credit report -- lot of good that does. If it's something else, well then we'll see about who's going to be collecting from whom...

Shoot, I might fight them even if they were in the right. I've done my best to try cover these things -- to cover any of my own obligations. To even cover my XSO's obligations where you could arguably claim them to also be mine. But d*mn it! She left me; not the other way around. I should have to chase around after her to clean up the financial messes she leaves lying around.

Yeah, yeah, I know. Divorce her...

- Joel
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