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Home > Money & Services > Bankruptcy & Debt   »   collection agency collecting an old debt

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Old May 8, 2007, 11:41 AM
MISTI123
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collection agency collecting an old debt

I filed bankruptcy 3 yrs ago and paid on it until we had some hard times and it ended up getting dismissed. I was able to get a loan through a family member and payed off most of the debts that were owed. I called one of the collection companies to settle a debt and they told me they had no record of it. So i let it go. A year later a collection agency other than the one i filed bankruptcy on sent a letter claiming that i owed this debt. They have added late fees and interest to it . I sent them a letter claiming i wanted them to prove that i owed this debt. they sent papers in return with the first collection agency signing it over to them and some copies of my bankruptcy papers. They sent nothing with my signature or anything showing the original creditors info. So my question is do they have to show me that info before i settle or is that enough for them to legally collect on this debt. (I filed bankruptcy with a collection agency not with the original creditor.)

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Old May 11, 2007, 12:46 PM   #2  
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Contact the attorney who handled the original bankrupcty to see if the debt is valid.

It probably is NOT valid unless you pay it.
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Old May 11, 2007, 04:10 PM   #3  
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In helping people correct their credit, I have seen similar situations like this occur.

Particularly when a debt has gone to a collection agency and later sells the account to yet, another agency, and the client has paid off the first Collector.

In those cases, proof of payment sufficed. I have had clients use credit card statements, cancelled checks, money order receipts ect. to prove the account was settled.

In your situation, you must establish that the debt was resolved in the bankruptcy proceedings against the first collection agency. This information would be found in your case copies or contact your lawyer for this info.

**Take extreme notice** as to when your account with the first collection agency was settled and when the agency sold your account to the second one. This will determine whether the debt was satisfied. Some clients have found themselves in the situation of having to double pay an account because of such a technicality.

Once you have a copy of records showing proof of paying the account, send a copy by certified mail to the second collection agency. They should then update their files. Give them a week to do so, and recheck your credit history. If this does not resolve it, and in some situations collection agencys will refuse to acknowledge because they can still sell off your "clouded" account to yet another agency. So, if they refuse to update, you must call and harass them or file suit against them.

It is ridiculous that people are made to go through such lengths to correct their credit, but unfortuately, life is not fair, and sometimes it is required.

Best wishes in resolving your issue! :-)
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