Am I still liable for an account if I believe that it should have been paid off?

I have an account which shows that the balance has never decreased. Now it is in collections but I think that the original creditor and the collection agency is one in the same. I have payment history showing that the account should have been paid off but the balance has increased. I will not send them no more money.

Asked on October 19, 2011 under Bankruptcy Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, if the account was paid off, you are no longer liable for  it. The issue then is a factual one: was it paid off, and can you prove that? If you do send the creditor or its collection agency any payments, they may choose to sue you if they believe that you owe them the money. If they do so you, you will need to defend yourself by providing evidence of payment. Therefore, becore deciding what to do, you should collect your evidence showing payment, so you can assure yourself you are on good footing. If the evidence does show payment  of the debt, you might wish to make copies of it and forward a copy to the collections agency to try to convince them the debt has already been paid. If you do this, send the materials some way you can provide delivery (e.g. fax with receipt; fed ex with tracking; etc.), so you could later prove you tried to resolve this matter with them. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.