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Normally, it is kinda rude to post from another board, but this was so great I had to do it.



I had a collections for $104 on my credit report for a dental bill. I sent the dental office a certified letter asking for validation. I got a call from a lady from the dental office who confirmed the bill.

As usual she asked if I wanted to pay it then. I said "no" and paused, she asked "why", I responded "because it will still show up on my credit report negatively even if it's paid". She took the bait and said she could remove the listing if I could pay in full. She was playing right into my hand.

I verified that she had the authority to do this as she stated she did. I paid over the phone with a credit card and waited. The tradeline did not come off.

What she did not know was that I had taped the call, and it met all the elements of a contract ( to me at least, we had the date confirmed the stipulations and the fact that she had the authority to do what she said she could do).

I called back about why it was still be reported and got the run around. I told her I taped the conversation, considered it to be a valid verbal agreement and that I would be suing her as an individual. I filled out a small claims court complaint, made a photocopy of it, then mailed it to her certified saying she had 14 days to fix the problem or I would file the paperwork in court.

Bam!, the tradeline was removed pronto. I guess she did not want to test me.

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Well, in Federal Courts, I've seen judges take tapes under advisement regardless of the two party consent issue. If you are suing for a Federal Question, the Federal Rules apply. And in terms of it getting admitted as evidence, WHO HERE HAD PURSUED AN ACTION THROUGH TRIAL? (Recovering and CAlawyer excluded). The Judge determines whether the recording is admissible... Not you, not the Collection Agency or CRA. The JUDGE... Since most actions settle early, and I file in Federal.... Well we'll leave that alone...

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