What to do about a credit card company that is attempting to come after me a 2nd time after the debt has been paid?
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What to do about a credit card company that is attempting to come after me a 2nd time after the debt has been paid?
I was just served by a collections agency for a credit card that I paid off last year. The agency that just served me is different from the one I paid and stated that they just got the file 3 days ago. Can I sue them for slander and malicious prosecution?
Asked on June 18, 2012 under Bankruptcy Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It would not be slander if the communications are made only to you--you can only be slandered to third parties, not to yourself. Also, any form of defamation must be made knowing the falsity, or with disregard for the truth or falsity, of the statement--if the agency honestly believes, based on evidence, that you owe the money, it would not be defamation to claim that you do, even if stated to third parties.
It is not malicious prosecution/wrongful abuse of process unless you can show wrongful intent--again, knowledge that this is an invalid or already paid/settled debt. If the agency reasonably thinks it's a valid debt, even if they are wrong, there is no basis for a malicous prosecution/wrongful abuse of process claim.
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