Re: Collection Agency for medical debt that is my Ex's
07-05-2011 06:14 PM
I suggest you keep working with the CA to update.
There are lots of problems trying to use Small Claims court to help. You would have to determine the jurisdiction. It is unlikely that the CA is local. You would probably have to go to their location to use Small Claims. Even if you were successful in getting a local court to hear your case, most will not force any defendant to travel more than 100-200 miles to defend a case. Small Claims usually will only hear cases for direct damages.
Does the agreement say 15 days or 15 business days? Don't forget that the CRAs take time to update. EX is the fastest.
I suggest you start by asking the CA if they have updated. I know it is frustrating but hang in there.
Small claims court is easy. Never seen any that couldn't / wouldn't let you serve anybody that lives far away and get a default judgment if they don't show. Also, easy to get $$ damages for breach of contract. Is the CA registered to do business in your state? They they are local. Do they do business in your state even if not registered? Most small claims courts will follow local rules which state that they are local. There might be a few small claims courts across the country that are weak and ineffective, but most are definitely not.
Still, I do think Op needs to be a little more patient. I think the CA will eventually follow through with their promise.