Legal Question in Credit and Debt Law in South Carolina
Credit card debt already settled
I had a credit card account with Emerge Master Card opened in 2001, thought the account had a 0 balance found received new card a year later and never activated card, did not want anymore. About a year or so after that 2003 or 2004 started received letters and calls from collection agency. It was sometime in 2004 or early 2005 that I recevied a threatening call from collection agency about account and we settled on an amount and I paid the account off. I never received any thing stating that the account was fullfilled. Never thought much of it untill about a year ago, I keep getting ugly phone calls and letters from Midland Credit Corp. stating they had bought the account to collect on and that I owe $1200 and something dollars and they keep wanting me to settle over the phone. I thought the account was settled and have nothing other than the card that came from Emerge I never activated and I can't find the 800 number contact for the company I paid. Please advise how I can handle this, they are calling me, several times a day and I do not have the money to keep paying this account. I settled with one agency and now another one is trying to collect. From 3 years ago it is hard to come up with paperwork and receipts.
1 Answer from Attorneys
Re: Credit card debt already settled
Remember that if a creditor or account purchaser wants to collect in court, they have to prove the existence of the debt and your defense is that it's paid. Evidence can come in the form of testimony, as well as documentation, so it's crucial that you seek legal counsel as soon as possible. Another option is to go on the offensive and file suit against them proactively for violations of credit collection laws, if the facts are as you suggest. It's impossible to say from one email, of course, so it's imperative you seek the advice of a consumer credit lawyer as soon as possible. Don't delay - that could cost you certain legal rights.
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