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Collection agency filed a complaint in court

Date: Mon, 03/09/2009 - 19:50

Submitted by anonymous
on Mon, 03/09/2009 - 19:50

Posts: 202330 Credits: [Donate]

Total Replies: 3


Nearly two years ago I called my credit card company and settled with them to pay off my debt. I gave the company my checking account information and authorized them to removed the funds and they gave me a confirmation number. Soon after I receive a note from a collection agency attempting to collect on the same credit card that I had just settled weeks earlier. I called up the collection agency and explained the situation to the lady and she had a really unpleasant attitude. She refused to offer any settlement and was asking for the full amount, by the way 50% of the debt is interest and late fees.

What rights do I have? I orignally made the agreement with the credit card company on the phone. I did get a confirmation number, is the credit card company obligated to stick to our agreement?


How much was the amount of forgiven debt? Did you receive a 1099 for it? Because if it was over $600 and you received a 1099, the credit card company legally cannot ask you for any more, ever. You should have gotten in writing that the account was settled. How is it listed on your credit report? That account should say something like "Settled as Agreed, for Less than Full Amount." If all you have is a confirmation number, have you tried to call the credit card company to ask them what's going on? As far as this collection agency goes, it may just be a scam. Ask them for a validation letter.


lrhall41

Submitted by SusieQ on Mon, 03/09/2009 - 20:57

( Posts: 302 | Credits: )


If you have already settled off the debt with the original creditor you need not worry about the collection agency call. All you can do is to send a debt validation letter by certified mail within 30 days of receipt of the collection letter to the CA. You should keep the settlement letter and the statement as a proof that the payment has already been made to the credit card company.


lrhall41

Submitted by jstn.credit on Tue, 03/10/2009 - 05:11

( Posts: 139 | Credits: )


I disagree completely with the above post....what you need to do is contact the original creditor and ask for a written statement showing that you settled the account with them and that the matter is considered closed. Since it hasnt yet been two years, the bank should still have records on file of the credit card company debiting your account for the agreed-upon amount, so go to that bank and request the record of that transaction as well.

The 1099 question is a good one--did the original creditor ever issue one for the amount that they discounted from what you owed? Curious, what was the amount you settled compared to what was owed at that time?


lrhall41

Submitted by on Tue, 03/10/2009 - 05:20

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