What should I do if a creditor is still contacting for payment on a debt that has been paid?
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What should I do if a creditor is still contacting for payment on a debt that has been paid?
I paid off a debt over several years time (credit card). During the years I was notified by different collection agencies that they were now handling the debt. As I was notified I would make the check payable to that particular one. A lawyer is sending me letters saying the creditor has no record of any payments and that I still owe the money. I even sent them copies of the checks. All they do is say I still owe. What do I do next?
Asked on September 17, 2010 under Bankruptcy Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with an attorney. If the collection agency or attorney dunning you is refusing to accept proof of payment--which you say you have, and have provided--you may need to go on the offensive, possibly threatening your own lawsuit for some form of fraud, or filing an ethics action against the lawyer, or bringing some claim or action for violation of a law governing collections, such as the Fair Debt Collections Practices Act (FDCPA). You should speak with an attorney to discuss your various options and put in motion whichever one or ones make the most sense in your particular situation. In the meantime, collect all evidence of prior payment, and preserve all evidence of your correspondence with the attorney sending you letters. Good luck.
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