Legal Question in Credit and Debt Law in Illinois

Creditor lost records and put me in collections
I have a credit card that I OVER paid what was due each month, trying to build credit. After like a year I get a call from their collections saying I haven't paid in 3 or so (they honestly did not know, and admitted) months. They lost records. I sent a copy of cleared checks, and never hear from them again. Some months later I am in a 3rd party collections. I dispute again, and never hear again. This cycle repeats for 2 years. At this point (after a 3yr quiet period) I dont have the paperwork to prove I paid anymore, and it will be some $1K+ to pull bank records again. I have a court date in 3 wks. Do I just say ''Ive disputed a ton of times. Please give me verification of this debt (as in an itemized bill from open to close)''? They claim $3K is owed, so paying a third of that just to prove I am right AGAIN seems unfair. How do I stop this cycle once and for all? It is set for trial, not ''discovery'' which I'm guessing is what I should have asked for. Can i present my request on day of trial, or even 2 wks before in letter to agency, and then ask for more time? Or should I let the collections agency be the ones to ask for time? I kinda feel like its my burden to prove my innocence repeatedly.

Asked on 6/16/08, 6:08 pm

Joseph Michelotti Michelotti & Associates, Ltd.

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Re: Creditor lost records and put me in collections

up to the creditor to prove their case

Answered on 6/16/08, 11:57 pm

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