Legal Question in Credit and Debt Law in Alabama
Law firm collecting debt that's already been paid
I bounced a check in Dec.2000. I paid the amount owed to the company. I don't have any receipt of transaction b/c I lost my house in a fire a year and a half ago. I recieved a letter last month from the lawfirm the collection agency had hired saying I had to pay within 30 days or there will be legal action because past attempts to collect have been made. I contacted the owner of the store (he no longer owns it anymore)- he said he doesn't have any documentation, but he says that I did pay it. The lawyers say that the collection agency still has my check, so since I have no written proof ( which is because of the fire) I can't do anything and I have to pay them or they will sue me. I know I paid this, and the owner of the business says I paid this (even though he has no documentation, not my fault). I would like to dispute this, but when I called they basically said too bad, screw you, pay us. I never received anything from the collection agency within this 2 1/2 year span until I received the letter from the lawfirm.I have lived in the same town for 5 years, I have moved but have always left a forwarding address.
3 Answers from Attorneys
Re: Law firm collecting debt that's already been paid
It should be a fairly simple process to get a copy of your check from the bank you wrote it on. They will have it on microfilm. Also, if you get an affidavit from the prior owner that should do it. If you get either of those and they won't leave you alone,contact a competent atty in your area because you will have a pretty good lawsuit yourself at that point. Good Luck, [email protected]. http://fredwoodlaw.lawoffice.com
Re: Law firm collecting debt that's already been paid
I think you should first try to obtain an affidavit from the former store owner that you paid this account. Secondly, once you have the affidavit, you should send a letter to the law firm/collection agency stating that you dispute the debt, and here is an affidavit from the previous store own showing I paid it. If they file a lawsuit against you at that point, you would have grounds to counter sue.
Re: Law firm collecting debt that's already been paid
Get in touch with the bank on whom the check was written and tell them you need a copy of it. There may be a small fee for this, but they have to provide it. Then ask the store owner if he wouldn't mind composing a letter or affidavit stating that you have indeed paid the item. Forward a copy of the check showing it was paid and the letter to the law firm.This should do it. If not, contact my office for further instruction. 205 - 322 - 3747.
Thanks and God Bless.
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