QUESTION
Can I require that a collection agency prove the last payment made on an account falls within statue of limitations?
Asked on May 05th, 2016 on Debtor and Creditor - Missouri
More details to this question:
Credit card debt was sold off to "litigation" company. Collector says that his records say that a payment has been made within last five years, but I find no record of such. I feel that they are stating this to force payment as they are claiming they will sue me and place lien on my home. Can I require that they prove the payment was made within last five years before I would settle with them? If the original debt was not with them, can they sue me to collect the funds?
1 ANSWER
1 Award
If the original creditor properly transferred the account the collection agency can sue you as they have all the rights to the debt. But if they do file a lawsuit you can request the documentation you are asking about in discovery and they would have to respond. However, there is no avenue to force the collection agency to produce the payment records at this point. If they refuse to produce information it may make it more likely they are just attempting a quick settlement. However, this could be completely erased with the filing of a Chapter 7 or Chapter 13 bankruptcy.
Answered on Jun 01st, 2016 at 9:44 AM