• Report: #358086

Complaint Review: Stuart Allen And Associates

  • Submitted: Fri, August 01, 2008
  • Updated: Mon, October 27, 2008

  • Reported By:Southern Arizona
Stuart Allen And Associates
6447 E. 5th Street #110 Tucson, Arizona U.S.A.

Stuart Allen And Associates Placed charge off that did not belong to me on my credit report and refuses to remove. Tucson Arizona

*Consumer Comment: THEY ARE NOT ALLOWED TO DO THAT

*Author of original report: Community property without notification??

*Consumer Suggestion: AZ community property state

*Consumer Suggestion: AZ community property state

*Consumer Suggestion: AZ community property state

*Consumer Suggestion: AZ community property state

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Separated and divorcing, spouse caused self-inflicted damage and was taken to local hospital. Insurance was in spouses name, NOT mine. Bill was in spouses name not mine. Was not residing with spouse at time of incident.

Bill for hospital not sent to me EVER. However, have received two marks on MY credit for this bill totaling over $2000

Residences had been different for over a year at time of occurrence.

HOW in GOD's name are they allowed to report this on MY credit when I had no knowledge of the bill??? And all credit bureaus have a DIFFERENT residence for myself than for my ex??

Disgruntled ex-spouse
Southern, Arizona
U.S.A.

This report was posted on Ripoff Report on 08/01/2008 09:34 AM and is a permanent record located here: http://www.ripoffreport.com/r/Stuart-Allen-And-Associates/Tucson-Arizona/Stuart-Allen-And-Associates-Placed-charge-off-that-did-not-belong-to-me-on-my-credit-repor-358086. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

THEY ARE NOT ALLOWED TO DO THAT

AUTHOR: Laurie - (U.S.A.)

Fair Credit Reporting Act -
Since the bill and insurance was never in your name and you were separated at the time, they cannot just put it on your credit report without some validation.

www.budhibbs.com - lots of useful information on how to deal with Collection Agencies and issues like this
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#2 Author of original report

Community property without notification??

AUTHOR: Disgruntled ex-spouse - (U.S.A.)

At the time of the incident I had not filed a separation no, but we had been separated for over a year. Isn't there some sort of common law in regard to this?

Also I do know for a fact that before placing anything onto a consumer's credit report that the agency is to notify that consumer in WRITING first. My physical address was available and I received nothing. This was not the first time I had to deal with them.

In the past I received harassment regarding another account which I will not go into here, but I had also requested in writing that they not contact me at work, and they continued to do so anyway. Also much like another report on here regarding the same company.

Bottom line is this: STUART ALLEN and ASSOCIATES does not operate legally. They do not operate within the legal confines of their requirements. They harass consumers, threaten them, and belittle them with a coldness that is less human than the Devil himself. They are all evil.

I have not had a lot of experience with collections agencies, but I know my rights, and for them to charge off part of the hospital bill incurred by my ex-spouse to my credit report, and the lesser half to his, was illegal. I received NO notification OR contact from them whatsoever, again ILLEGAL!!!!!!! They are required BY LAW to notify me and attempt to collect the monies from me PRIOR to charging it to my credit report!!! They did not notify NOR attempt anything! They went straight to the credit bureau.

This in itself is illegal and I feel that the laws need to be changed regarding collection policies, and ENFORCED more strictly by these laws and the state. This harassment has GOT to stop!!

How do they feel that telling someone how much of a piece of "sh**" they are for having financial troubles is going to get them their money any quicker?

You catch more flies with honey than you do ACID.
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#3 Consumer Suggestion

AZ community property state

AUTHOR: Rheanin - (U.S.A.)

I am not a lawyer, but have much experience in debt during and after divroce. The answer to this relies on one thing, were seperation papers filed in AZ court?

If you filed for a separation in AZ court then legally any debt incurred by your spouse after the legal separation is their full responsibility. In this case you would be able to send the debtor a letter stating this fact, along with copies of your separation papers and they should remove them from your credit report. If they do not, then send a certified letter. If no response after 30 days beyond that send correspondence to the proper credit reporting company.

If you were only living separately but not legally separated then, unfortunately, AZ is a community property state and all debts belonging to your legal spouse are also your debts.

Hope this helps.
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#4 Consumer Suggestion

AZ community property state

AUTHOR: Rheanin - (U.S.A.)

I am not a lawyer, but have much experience in debt during and after divroce. The answer to this relies on one thing, were seperation papers filed in AZ court?

If you filed for a separation in AZ court then legally any debt incurred by your spouse after the legal separation is their full responsibility. In this case you would be able to send the debtor a letter stating this fact, along with copies of your separation papers and they should remove them from your credit report. If they do not, then send a certified letter. If no response after 30 days beyond that send correspondence to the proper credit reporting company.

If you were only living separately but not legally separated then, unfortunately, AZ is a community property state and all debts belonging to your legal spouse are also your debts.

Hope this helps.
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#5 Consumer Suggestion

AZ community property state

AUTHOR: Rheanin - (U.S.A.)

I am not a lawyer, but have much experience in debt during and after divroce. The answer to this relies on one thing, were seperation papers filed in AZ court?

If you filed for a separation in AZ court then legally any debt incurred by your spouse after the legal separation is their full responsibility. In this case you would be able to send the debtor a letter stating this fact, along with copies of your separation papers and they should remove them from your credit report. If they do not, then send a certified letter. If no response after 30 days beyond that send correspondence to the proper credit reporting company.

If you were only living separately but not legally separated then, unfortunately, AZ is a community property state and all debts belonging to your legal spouse are also your debts.

Hope this helps.
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#6 Consumer Suggestion

AZ community property state

AUTHOR: Rheanin - (U.S.A.)

I am not a lawyer, but have much experience in debt during and after divroce. The answer to this relies on one thing, were seperation papers filed in AZ court?

If you filed for a separation in AZ court then legally any debt incurred by your spouse after the legal separation is their full responsibility. In this case you would be able to send the debtor a letter stating this fact, along with copies of your separation papers and they should remove them from your credit report. If they do not, then send a certified letter. If no response after 30 days beyond that send correspondence to the proper credit reporting company.

If you were only living separately but not legally separated then, unfortunately, AZ is a community property state and all debts belonging to your legal spouse are also your debts.

Hope this helps.
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