What should I do if I payed my debt but another collection firm is now saying I still owe the same money?
Asked on Aug 14th, 2012 on Bankruptcy - New Jersey
More details to this question:
In 2009 a credit card company cancelled what I owed on it due to non payment and reported to the IRS and put it on a 1099, saying this was earned money. I have since paid this off. Now I have received another letter from another collection firm saying I still owe this money.
It is called Zombie debt. File a complaint with the Attorney General and with the Federal Trade Commission. You might also sue the collectors for unfair and deceptive practices.
Send them a letter certified mail telling them that this debt was paid in full. Try to find what you were given in 2009 and send them a copy. Keep the original for court if they sue you.
if you have the letter saying it was written off and you paid taxes on the amount you have a defense to the debt.First, Ask the collection company to verify the debt in writing and if they do they might be liable for violations of the fair debt collection act. be sure to keep copies of everything.
Contact the new collection firm and provide them with the information regarding the prior pay-off. If you can tie the pay-off into the debt, they should cease collection efforts.
You need to see a lawyer. Once a 1099C has issued, the debt has been effectively cancelled. In my day in collections, that was sufficient for us to send it back to the creditor client with a nasty letter to not put us in that situation. You may have a lawsuit on your hands. But talk to a lawyer: an individual is not going to be able to handle this one on their own.
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