Collections agency after debt that has already been paid...

[DarkStorm]

What is the name of your state? CO

I was just served for an 'overdue' credit card which I had paid in full in 2001 with a second mortgage on my home. This was one of three cards that I consolidated with this loan so I am certain it was paid in full. This collection agency has called at all hours seeking payment for the entire balance that was owed on the card plus fees and interest. What are my options?

Thanks in advance

 

[minerzlegal]

Hours

I do know that collection agencies are not allowed to call before 8 a.m nor after 9 p.m. If you can prove you paid this card off, I don't see what your problem is. You may find the answer to your questions in the papers you received from your title company as who you paid off. You can go to www.fairdebtcollection.com for quite a few forms that can come in handy. I usually keep all incoming and outgoing receipts in my yearly box for that year of taxes. I have to hang on to such things for up to seven years so what does it hurt to hang on to all pay off items.

 

[DarkStorm]

I have never been in a court room so I guess my concern is, even with compelling evidence, that they may somehow get a judgement. I have the banks proof of payoff but I do not have a 0 balance statement from the credit issuing agency.

 

[Tayla]

I have never been in a court room so I guess my concern is, even with compelling evidence, that they may somehow get a judgement. I have the banks proof of payoff but I do not have a 0 balance statement from the credit issuing agency.

1: Answer the summons.
2: APPEAR AT THE SCHEDULED HEARING.
3: Gather the necessary paperwork showing proof of consolidation on this debt and its subsequent pay off. Yes you can contact the Original Creditor and request the payment history.
4: In the meantime til the court hearing, only confer with them via written form. Demand validation for said debt.

It does seem *peculiar* that they never sent you a prior notice to collect but went directly to a Summons. This isnt the standard procedure. Are you sure it was a court summons?

 

[DarkStorm]

It does seem *peculiar* that they never sent you a prior notice to collect but went directly to a Summons. This isnt the standard procedure. Are you sure it was a court summons?

They tried phone contact on a number of occasions. As I knew the debt to be paid I instructed them to cease contact and pursue a remedy.

The way it began was 6 months after the second mortgadge funded and payoff checks were sent to my creditors I recieved a collections call. This was early 2002. I informed them that the card should have been closed, paid in full. At that time I had a 0 balance notice from the card company which I faxed to the collection agency. I did not hear anything for a year and assumed the matter was closed. I recieved another call from a different agency regarding the same debt. I told them it had been payed and reffered them back to the original creditor. After another year of silence I start to recieve phone calls at all hours requesting payment of this debt from yet another collection agency. I told them to stop calling and pursue a remedy if they thought they had a case. Apparently they do think they have one as I am being sued.

 

[Tayla]

Thank you for the detailed summation. It wasnt pertinent to the question of:Was this a summons? What exactly does the paper say?
Otherwise- your welcome to follow the suggestions in my aforementioned post.

 

[DarkStorm]

Thank you for the detailed summation. It wasnt pertinent to the question of:Was this a summons? What exactly does the paper say?
Otherwise- your welcome to follow the suggestions in my aforementioned post.

It is a summons with an attached court date. I plan to file an answer prior to that with copies of the paid in full statements.