My debt was already paid and the debt collector denies it now I'm being sued.

Asked 7 months ago - New York, NY

Last year I paid a debt to a licensed agency who is now claiming to have no record of payment from me. I paid using their online system using my debit card. They've apparently re-sold my debt to Collector B who sent correspondence to my old address and now I have a default judgment against me. I am freaking out. How can I prove this debt was paid if the collection agency is denying it?

Attorney answers (4)

  1. Daniel Tam

    Contributor Level 16
    Best Answer
    chosen by asker

    Answered . Do you have anything in writing from the collector you paid that states your payment was in full satisfaction of the total debt? Sometimes debt collectors sell the remaining balance to a new buyer. Nevertheless, get your bank records and a copy of the lawsuit filed by the new debt buyer. Find out how exactly you were supposedly served in the case. Bring all that to an attorney in your area. Believe me, there are many attorneys in NYC that handle these types of cases. Go to naca.net and do a search for an attorney in NYC.

    Please note that no attorney-client relationship is created by my answers to questions on the Avvo forum. My... more
  2. Robert Jeremy Nahoum

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Get your banks to show an account statement reflecting the payment. Speak with a consumer lawyer experienced with the Fair Debt Collection Practices Act (FDCPA) to see if you have a claim.

    I have written extensively about the FDCPA here: http://nahoumlaw.com/tag/fdcpa/

    ATTORNEY ADVERTISING: Past performance is no guarantee of future results. The foregoing statements and links are... more
  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . You should be able to get your debit card record.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  4. James Kevin Perkins

    Contributor Level 7

    Answered . You probably are going to need a bit of help from a licensed NY attorney on this one.

    I would call Collector B, tell them exactly what happened, in calm, unemotional terms. Don't get angry with them if they disagree with or threaten you. Just tell them that you paid the debt already and have proof, that Collector A sold them an extinguished debt and that you are going to get a judge to issue an Order to Show Cause why the default judgment should not be vacated. Then offer to send them proof of payment (from your bank statement).

    If Collector B continues to resist, call a personal injury firm in your town. They may be willing to help you out on this one for free in order to build good will with you in case you or someone you know ever have a bigger case. They may not. Maybe try another.

    Here is the local court web page on default judgment: http://www.nycourts.gov/courts/nyc/civil/vacati....

    Here is the local court web page on answering a debt collection case. http://www.nycourts.gov/courts/nyc/civil/consum...

    I answer questions on Avvo based on limited information provided in a short query received over the internet.... more

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