Madison - St. Clair Record

Friday, October 18, 2019

Woman seeks default judgment against debt collector for demanding payment on paid bill

By Heather Isringhausen Gvillo | May 2, 2017

A woman seeks default judgment against a debt collector for allegedly demanding payment on a medical bill that was paid by her health insurer in 2012.

Plaintiff Lyndsi Meyenburg filed a motion for default judgment on April 20 through attorney Teri Havron of Goldenberg Heller & Antognoli PC in Edwardsville.

She argues that Commonwealth Financial Systems Inc. has failed to file an answer or enter an appearance.

As a result, she alleges she is entitled to judgment by default against the defendant.

Meyenburg filed her complaint on Dec. 8 against Commonwealth Financial Systems Inc. of Pennsylvania, alleging it violated the Fair Credit Reporting Act.

In her complaint, Meyenburg alleges that on March 31, 2012, she incurred a consumer debt to Clayton Emergency Group LLC in the amount of $798 for medical treatment.

She claims the debt was paid in full on Sept. 21, 2012, by her health insurer, UnitedHealthCare.

However, nearly three years later on Aug. 3, 2015, she received a letter from Commonwealth Financial attempting to collect on the paid debt.

Meyenburg notified the defendant that she disputed the debt and provided the estimation of benefits as proof of payment.

Even though the defendant received notice and proof that the bill was paid in full, it sent another letter to Meyenburg on Dec. 9, 2015, attempting to collect the debt.

Meyenburg, through her attorney, once again informed the defendant that the debt was paid in full.

On Aug. 31, 2016, the defendant reported to one or more credit reporting agencies that the debt constituted a valid and subsisting liability of the plaintiff that she was delinquent.

Meyenburg claims she notified the credit reporting agencies TransUnion, Experian and Equifax that the debt was disputed and was not a liability.

She claims the defendant has continued to report the debt, which has adversely affected her credit.

The defendant has also failed to investigate or correct the issue.

Meyenburg accuses the defendant of using false representations concerning the character, amount or legal status of the debt by demanding payment for the paid bill; continuing to report to credit reporting agencies false credit information; and failing to communicate to the credit reporting agencies that the debt is disputed.

Madison County Circuit Court case number 16-L-1683

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Organizations in this Story

Goldenberg Heller Antognoli & Rowland Madison County Circuit Court