A bill was sent to the wrong address and is now in collections: What do I do?

  • Blog
  • A bill was sent to the wrong address and is now in collections: What do I do?
Contact Us
1
2
3
8 Nov, 2024
11 min
7319
bill sent to wrong address now in collections

You have rights if a bill is sent to the wrong address and winds up in collections

You can take several actions if a bill goes to the wrong address and ends up in collections.

Is it possible you can owe a debt and be entirely unaware of it? Emphatically, yes. Can a debt collector call you out of the blue about a debt for which you received absolutely no notification? Again, yes. 

This could be the case even when letters and other forms of communication were sent to inform you of the bill, but you didn’t receive them. The fact you didn’t get the notices sent by your creditor, which caused the bill to wind up in collections, doesn’t mean that the debt has vanished.

This post discusses your rights and steps you can take in the event the notices were sent to the wrong address and you’re suddenly faced with a collections account.

Steps to Take When Wrongfully Sent to Collections

Facing the consequences of being wrongfully sent to collections can be overwhelming and stressful. If you find yourself in this situation, it's essential to know what to do if you are wrongfully sent to collections. Begin by gathering all relevant documentation, disputing the debt with the credit bureaus, and reaching out to the debt collector to resolve the issue. Should your efforts prove unsuccessful, it may be time to seek legal assistance. Contact our experienced legal team to guide you through the process and protect your rights, ensuring the best possible outcome for your case.

What to do when a bill was sent to the wrong address and winds up in collections

When you’re facing this situation, the law allows you to take some actions. Let’s consider these actions.

Request proof and confirmation of the debt

There’s a chance the debt in question is not yours. There’s also the possibility that the said debt is an old debt brought previously by other collection agencies. Even worse, the debt could be a result of a credit check error or identity theft issue. 

You need to exercise your right and request verification of the debt. The right stemming from the Fair Credit Reporting Act is inviolable, and the collector must comply with the law.

Upon initial contact from the debt collector, the process swings into action. The debt collector is obligated to furnish you with details about the debt and a statement of your rights within five days. After receiving the initial contact, you have 30 days to request a confirmation of the debt. The confirmation shows who incurred the debt and when it was incurred.

If the initial contact letter sent to you by the collector ends up at the wrong address, the collector would be held to have run afoul of the law.   

Additional steps

If the debt is confirmed, you can go ahead and pay it. If the debt is not substantiated, the collector has to stop contacting you.

Keep in mind the ultimate goal is to get your account out of collections. Therefore, you benefit from checking your credit report. Consult with your original creditor to tackle debt in collections for which you received no prior notice. 

Since the law seeks to ensure fair and accurate reports, you can dispute the collections accountwhich is actually a credit reporting error. This will save your credit score from the ravaging effects of missed payments.

Bills that are sent to the wrong address and end up in collections can prove tough to untangle. Additionally, the debt collectors might resort to various forms of harassment or violate the law to recover the debt. You need an attorney to help you deal with these hassles.

Reach out to us right away if you need help.

imageDaniel Cohen is the Founding Partner of Consumer Attorneys
About the lawyer
Daniel Cohen
See more post

Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more

Contact Us
INVESTIGATIVE ENGAGEMENT AGREEMENT

You, (“Client,” “you”), and Consumer Attorneys PLLC (“CA” or “we”), located at 72-47 139th street Flushing, NY 11367 (“CA”) , hereby enter into this limited scope retainer agreement whereby you agree to grant CA the exclusive authority to investigate your potential consumer law claim(s), including but not limited to potential violations of the Fair Credit Reporting Act (“FCRA”), Fair Debt Collection Practices Act (“FDCPA”), Equal Credit Opportunity Act (“ECOA”), Electronic Funds Transfer Act “EFTA”), Fair Credit Billing Act (“FCPA”), and/or the Telephone Consumer Protection Act (TCPA”) (collectively referenced as “consumer protection statutes”). 1Please read carefully before signing:

Authorization

You authorize CA to investigate your potential consumer law claim(s) under state and federal consumer protection statutes. You authorize CA to contact third parties on your behalf for the limited purpose of investigating your potential consumer law claims. “Third parties” include but are not limited to consumer reporting agencies, creditors, lenders, debt collectors, rental agencies, employers, courts, and law enforcement agencies.

CA’s Exclusive Investigative Period

CA agrees to investigate your potential consumer law claims in good faith. By signing this agreement, you agree to give CA the exclusive right to investigate your potential consumer law claim(s) for the next 180 days (“Exclusive Investigative Period”). For the duration of the Exclusive Investigative Period, you agree that you will not communicate with any other law firm or legal representative about your potential consumer law claim(s). You agree to forgo any previously scheduled consultation or case review until CA’s Exclusive Investigative Period concludes.

Termination of Exclusive Investigation Period

CA agrees that the Exclusive Investigative Period may not extend beyond 180 days without your prior written consent.

At any time between the date of this agreement and the expiration of CA’s Exclusive Investigative Period, CA may inform you of the outcome of its investigation. If CA’s investigation reveals that you have an actional consumer law claim, CA may ask you to sign a formal retainer agreement. If CA’s investigation does not reveal an actionable consumer law claim, you will receive an e-mail that states CA will not represent you in any further pursuit of your potential claim(s).

The relationship between you and CA automatically terminates at 5pm on the 180th day of the Exclusive Investigative Period or your receipt of CA’s written notice to decline representation, whichever comes sooner. At the conclusion of the Exclusive Investigative Period or upon receipt of CA’s written declination of representation, you are permitted to seek alternative legal counsel without penalty.

Nothing in this agreement should be construed as a promise or guarantee that CA will represent you in a consumer lawsuit at any point in time. CA reserves the right to decline to represent you for any reason permitted by relevant laws and ethical rules.

Your Involvement and Promises to us

You agree to meaningfully participate and cooperate in CA’s investigation of your potential consumer law claim(s). You agree to immediately inform CA if your mailing address, e-mail address, or phone number changes at any point during the Exclusive Investigative Period.
You agree to provide all relevant information, communications, documents, materials, and all other similar instruments to CA and its representatives during the Exclusive Investigative Period. You understand that your failure to provide all relevant information, communications, documents, and materials to CA during the Exclusive Investigative Period may hinder, delay or otherwise frustrate CA’s investigation of your potential consumer law claim(s).

You agree, under penalty of perjury, to provide complete, accurate, and truthful information to CA. All documents and communications, oral or written, past or future, provided to CA during the Exclusive Investigative Period and anytime thereafter are presumed by CA to be true, complete, and accurate.

Fees and Costs Incurred During Exclusive Investigative Period

CA agrees that you will not incur any out-of-pocket fees or costs during CA’s Exclusive Investigative Period. However, if CA agrees to represent you in a consumer lawsuit, CA may recover the fees and costs incurred during the Exclusive Investigative Period from the Defendant pursuant to a future settlement or judgment.

You agree that CA has a right to place a lien on any future monetary recovery obtained by client related to the claims identified during CA’s Exclusive Investigative Period or as a result of CA’s investigative efforts. If you refuse to cooperate with CA in the formal pursuit of the consumer law claim(s) it identifies during or after the Exclusive Investigative Period, you agree that CA has the right to recover the fees and costs it incurred while investigating your potential consumer law claim(s).

Authorization to Use Your Electronic Signature

CA will send you any and all documents that require your signature. You authorize CA to affix your electronic signature to requests, disclosures, or other forms that CA deems reasonably necessary to the investigation of your potential consumer law claim(s) upon receipt of your approval or after the 7th day after the document was sent to you, whichever comes first. Your electronic signature will be used on any and all other subsequent documents that will need signature, affirmation, acknowledgment, or any other forms of authentication in reference to this matter under the above referenced procedure.

1You also agree to give CA the exclusive authority to investigate potential violations of state-specific consumer protection statutes.

All Rights Reserved. Without Prejudice. CONSUMER ATTORNEYS

FORM # INV2024CA119

I have read and agree to the Privacy Policy, Investigative Retainer
Supported file formats:
Free Case Review
Zero Costs and Fees to You.
You pay nothing. The law makes them pay.
Get started
Contact Us
Head Office NY
68-29 Main Street, Flushing NY 11367
8095 N. 85th Way, Scottsdale, AZ 85258
Our social media
Our rating services
TrustpilotGoogle Business