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open account versus closed account

Date: Thu, 04/29/2010 - 13:44

Submitted by debtfreeme
on Thu, 04/29/2010 - 13:44

Posts: 9 Credits: [Donate]

Total Replies: 1


Can I be sued on a closed account? And an account that has been already sent to a collection agency that is other then the Lawyer that is trying to sue me?
I received a summons from small claims court. The lawyers complaint says the account is an open account, but according to my credit report the account is closed. I just got a new copy of my credit report it it says charge off, and in the comments it says account closed by credit grantor. Did this lawyer, who may just be a CA in disguise, make a big boo boo?


That depends on the information the lawyer was given. I'll be the first to admit lawyers aren't full-proof and can make mistakes, but in the end a lawyer is only as good as the information we get from our clients.
If you know the account is closed to deny you owe the debt in your answer. That will make it so the lawyer's client will have to prove it to the court and to you. Your credit report is evidence that the account was paid off, but having a letter or some other written evidence that the account was paid off in full and closed to show the judge is better.


lrhall41

Submitted by OVLG Attorney on Thu, 04/29/2010 - 14:15

( Posts: 511 | Credits: )