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If I discover missing payments from a debt. What can be done if the debtor refuse to give credit toward the debt balance.

Lawrenceville, GA |

We reluctantly agreed to re payment plan to stop the bleeding regarding a debt I was sent a demand to pay. Did not know all the numbers and circumstances at the time. have since discovered that payments that were made before agreement was made was not applied to the total debt. payment documentation has been submitted. Plaintiff atty stated repeatedly any previous payments found submit them for review. We have done that. Now atty position is that does not bring your account to zero. No accounting. no new balance. I have all the documentation of the atty statement after the agreement was sign in writing. The balance due of agreement equal the missing payment amount that was not applied to the total debt. What should we do? Need privileges restored.

Attorney Answers 4


  1. The answer will depend in large part on the repayment agreement that you made and when it was made in the context of all the payments. If the disputed payments were made prior to the repayment plan, and especially if the repayment plan was made with the blessing of the court, then it may be much harder to go behind the repayment plan. There is a chance that a later reviewing court would regard the repayment plan as fixing your liability, even if you now find earlier accounting errors.

    Your solution is to first engage the other side to see if corrections can be made, and if not, then to retain counsel to evaluate your court options.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.


  2. Attorney Skaar is right. The payments before the agreement may not count toward the agreement. If you are discussing the payments with the other lawyer, you are best served by getting as specific as possible. Try pointing to something in the agreement that you think he/she is violating and point to specific payments with receipts showing the payment was made. Ultimately, the lawyer and their client would be persuaded by evidence so try to lay it out for them. The other thing to keep in mind is the payments may have been applied to attorney fees, court costs, interest, late charges, etc.


  3. Review your matter with a consumer attorney. The FDCPA prohibits the collection of a consumer debt for an amount not owed.

    This is not legal advice. Seek a consultation with an attorney in your jurisdiction. An attorney/client relationship is not sought or formed by the participation in this website. I am licensed to practice law in New York and New Jersey.


  4. It all depends. First write the creditor and tell them, 1) you dispute the debt, and 2) you want verification. If they show a payment history, then call. If not get a consumer lawyer versed in the Fair Debt Collection Practices Act.

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