Me (Shirley) and my aunt (Margaret) had a cell phone account together but had separate phones, and also she was the primary account holder, I CXL my phone service early, so I had to pay the early cancelation fee, which I paid, now the phone service is calling my aunt saying that bill was not paid, this situation came up before and I proved it to them that I paid that bill, now their trying to garnish her check for the 200.00 early cancelation fee, she wants to take them to court, when she goes to court can the small claims court make me pay the bill again?

If you can prove you paid the bill, then the court is unlikely to charge you. Just make sure you have your documentation straight.

Now see I keep all my checks, its just that I moved and everything is scattered in boxes, but I 'm hoping I can find that check. And why don't they have record of me paying that bill? So I'll still get charged even though the account was in my aunt's name? That's not fair, because I know I paid that bill, am I expected to keep receipts up to 4 or 5yrs? After so long I throw threm away, but now that's all going to change I'm going to get a storage bin to keep all my receipts

Your bank should be able to get you a copy of the chancelled check, but that only proves that you paid them, it may not show what it was for.

Sure they should keep proper records, but if they don't, the burden of proof may go back to you.

Paper work it is the evil that befalls us. Call the bank and order copies they will probably charge you.

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Originally Posted by ScottGem

If you can prove you paid the bill, then the court is unlikely to charge you. Just make sure you have your documentation straight.

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Do you think that I can call a trace a check like three yrs. Back that's how long it's been.

You should be able to. Might take a while though.

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Originally Posted by ScottGem

If you can prove you paid the bill, then the court is unlikely to charge you. Just make sure you have your documentation straight.

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I just called my bank and yes they said they can find the check but they need the amount of the check and what time , but if they don't have the info they need to track this check they'll have to charge me $20 per hr. to find this check, and that could take a long time, so I said forget it and let my auntie do what ever she have to do. But not paying for it until the courts make me

QUOTE=ScottGem]Your bank should be able to get you a copy of the chancelled check, but that only proves that you paid them, it may not show what it was for.

Sure they should keep proper records, but if they don't, the burden of proof may go back to you.[/QUOTE]


I just contacted my bank and yes they can track the check down for 20.00 per hr, if I can't give them the info they need to find it with ease, other than that they'll have to search their Icons and that could take for ever.

20/hr?? Well I guess if you can't give them date and payee info.

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Originally Posted by ScottGem

20/hr??? Well I guess if you can't give them date and payee info.

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I can give them the Co. name but the date and time I can't remember? And they said they don't go buy the Co. name and that's retarded!

Actually its not. Checks are generally filed by check number, date and amount, not payee.