How do I prove that a creditor has alreadyreceived a significant portion ofa debt if there was no paperwork?

UPDATED: Dec 10, 2011

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How do I prove that a creditor has alreadyreceived a significant portion ofa debt if there was no paperwork?

About 6 years ago, I was issued a judgement against me for an old debt. The next year, the judgement allowed the collector to garnish/levy my bank account (they received approximately $850 but the judgement was not settled in full). Now, a change of counsel has taken place with the creditor and they have issued a garnishment on my paycheck. I received a copy of the garnishment in the mail and the amount is for the full amount of the original judgement + interest. The $850 bank levy amount was not reflected anywhere.

Asked on December 10, 2011 under Bankruptcy Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Can you prove it by old bank statements, showing the money was taken out of your account? That would be one way to show it.

2) You can testify as to the payment, but your own testimony would likely not be enough by itself.

3) You may be able to use legal process to compel the creditor or debt collector to share its own paperwork on the subject--you might be able to do this by a motion seeking a court order. However, if you need an attorney's help to do this, it would likely be less expensive to simply pay the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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