How do I prove that a creditor has alreadyreceived a significant portion ofa debt if there was no paperwork?
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How do I prove that a creditor has alreadyreceived a significant portion ofa debt if there was no paperwork?
About 6 years ago, I was issued a judgement against me for an old debt. The next year, the judgement allowed the collector to garnish/levy my bank account (they received approximately $850 but the judgement was not settled in full). Now, a change of counsel has taken place with the creditor and they have issued a garnishment on my paycheck. I received a copy of the garnishment in the mail and the amount is for the full amount of the original judgement + interest. The $850 bank levy amount was not reflected anywhere.
Asked on December 10, 2011 under Bankruptcy Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Can you prove it by old bank statements, showing the money was taken out of your account? That would be one way to show it.
2) You can testify as to the payment, but your own testimony would likely not be enough by itself.
3) You may be able to use legal process to compel the creditor or debt collector to share its own paperwork on the subject--you might be able to do this by a motion seeking a court order. However, if you need an attorney's help to do this, it would likely be less expensive to simply pay the money.
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