Legal Question in Bankruptcy in Massachusetts

I paid with a collection agency and now they wanrt more money

In 1999 I settled a credit card debt with a collection agency

I made 2 payments as they had requested

The last pymt was on march 1999

Then I called the collection agency to ask for a letter saying that my debt was settled and close.Well now they are sayning that I still owe them $800

I told them this is not true, and If I still owe them the money how com noone has contcted me in tha last 3 yrs

They said That they sent letters to my address wich truly I never received

And they never called me,either

Now they have been calling me almost every day,and I tild them the same thing that was settle and how come noone has call me or sent me anything in tha almost 3 yrs,the woman said she doesn't know that they just took over the collection agency that I had settled with but that it still shows a balance of $800

Unless I send them a letter saying that it was settled wich I never received from the previous collection agency

What are my rights here?


Asked on 12/27/02, 3:55 pm

2 Answers from Attorneys
David Baker Law Office of David Baker

Re: I paid with a collection agency and now they wanrt more money

This is a difficult problem. If you didn't get a letter from the previous collection agency or some other form of proof that you settled, you may still be obligated to pay the debt. You should see a lawyer and take all the papers or letters you have from the previous agency. After reviewing that, the lawyer can better advise you of your rights. As a general rule, ALWAYS insist on documentation of settlements or agreements!!

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Answered on 12/27/02, 4:12 pm
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: I paid with a collection agency and now they wanrt more money

If you can find the original offer to settle the case for a specified amount, and then show that you made the two payments adding up to the offered settlement amount, you have a legal defense to the claim. If you cannot show even that much, then you can ask the collection agency and the original creditor, in separate letters, for a complete copy of your account, including a payment and account history (certified mail, return receipt, keep a copy of the letter you send). One or the other may substantiate your position.

If not, I recommend looking at Chapter 7 bankruptcy, which avoids these problems and puts a definite end to the collection.

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Answered on 12/27/02, 5:28 pm


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