Legal Question in Credit and Debt Law in Texas
proof of disputed debt
I recently found out about a collection account on a bill that was paid nearly two years ago. My former roommate and I each paid half with separate checks and I delivered them at the same time. I have provided the collection agency with a copy of my cancelled check and noted that I am still trying to track down my former roommate. She is saying that my check only proves that I paid half and that I still owe $50. When I asked if the records could be checked, she replied that that the landlord is under no obligation to investigate and that without the other check I am out of luck. Is she right?
1 Answer from Attorneys
Re: proof of disputed debt
Unfortunately, she is probably correct. You have no proof that the other half has been paid unless you're able to locate your previous roommate, and she can put her hands on the cancelled check.
The landlord is under an obligation to verify the debt. If they mis-entered your roommate's check, because the obligation is in your name, an investigation would only show your half as paid.
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