Legal Question in Credit and Debt Law in California

I've tried to pay the debt but agency can't get it straight

I was contacted by a collection agency saying I owe because of breach of contract on a cell phone. I gave them a check over the phone, routing # and account #. Approx. 2-3 wks later they called again saying the check had bounced, this was not true, I checked w/my bank. I gave them the info a 2nd time and this time after about a month they called and said they had not received payment. I gave them the information a THIRD time and now I'm waiting to see if they can get there act together, I've obviously shown that I'm trying to pay the bill but they are having some problems on there end. What can I do to make this all go away?? Is it possible that I can get out of paying the debt?? (Which isn't my fault to begin with but I can't prove that) Please Help!!


Asked on 1/23/02, 1:56 am

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: I've tried to pay the debt but agency can't get it straight

Question 1 is why isn't it your fault? The burden of proof is on the other side to prove you owe the debt.

If you do owe it, check with your bank to make sure that there has been no funds have been withdrawn from your account. Then just mail them a check marked payment in full, and send it by cerified mail, return receipt requested.

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Answered on 1/23/02, 11:28 am
Ken Koury Kenneth P. Koury, Esq.

Re: I've tried to pay the debt but agency can't get it straight

Dont pay it. you dont have to prove it is not your debt.

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Answered on 1/27/02, 2:33 pm


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