Legal Question in Credit and Debt Law in California

Collection agency trying to collect on debt that has already been paid.

We had a debt that was sent to a collection agency about 4 years ago. The collection agency garnished my husbands wages thru the sheriff's office. The debt was paid of one year ago. One week ago we received in the mail another notice from a different collection agency trying to collect on the same debt. We have contacted them and explained that this has already been paid off. We gave them the information and they were going to look into it. After their research, they found out the the original collector only received a portion of the money even though the full amount was garnished from my husband pay check. No one seems to know where the rest of the money went. We are in the process of trying to purchase a home and this debt shows up on my husband's credit report. After many phones calls and not getting anywhere with the creditors, how do we get this taken care of? Who is responsible to clear this up?


Asked on 5/23/02, 2:43 am

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Collection agency trying to collect on debt that has already been paid.

You may have a case against the original creditor, original collection agency, or even the new collection agency. There may be a violation under the Fair Debt Collection Act or the Fair Credit Reporting Act. If you fax me at 714 363 0229 all of your documentation proving your facts, I will provide you with free consultation.

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Answered on 5/23/02, 10:08 am


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