Bennet Law trying to collect debt that's already been paid
Date: Tue, 07/26/2011 - 00:31
In January, I was fired from my retail job for purchasing items that were incorrectly marked on sale (note: I was not the one who did the pricing), which caused the store to lose about $80. I was told that I had 1 week to repay the $80 or my debt would be turned over to a collection agency. I paid the debt within the time limit and was given a receipt for my payment, which my manager signed with her initials.
About a week later, I got a phone call from Bennett Law, saying that they were calling on behalf of my former employer to collect the debt I owed. I was pretty angry because my manager knew that I had paid her in person within 3 days after I had promised to, yet she had still contacted a collections agency. However, I did as Bennett Law asked and faxed a copy of the receipt to them. Before I sent the receipt, I asked the phone rep if I needed to do any kind of follow-up after I faxed it. The rep said no, I didn't have to do anything, and if I didn't hear back from them within a day or two after sending the fax I could assume everything was taken care of.
That was about 5 months ago. Today, out of the blue, I got another call from Bennett Law. They said they were calling about the $80 that my former employer had never received. I said angrily that I had paid that off months ago, I had faxed them proof, and I was under the impression that the matter was closed. The phone rep (who seemed somewhat confused and disorganized) said that she could see that I faxed them something, but the store didn't reply? Or they didn't have enough information? I didn't really understand what she was saying, she was kind of mumbling. She asked if I could re-fax the info and I said OK, fine, what's your fax number, and she gave it to me.
The problem is, I just looked through my paperwork and I cannot find the receipt. I know I held onto it for at least 3-4 months, but I think that in the last month or so I finally tossed it out. I do have the promissory note that I had originally signed, stating that I would pay $80 by X date; when I made the payment, my manager wrote "PAID IN FULL" on the bottom (but did not sign it), photocopied it, and gave me the copy. I just don't know if that would be accepted in place of a receipt.
I want to call Bennett Law and talk to someone about this, to get more information on exactly why this issue has come up again. The only problem is, while I have their fax number (801-432-2969) I don't have their phone number, and I can't look it up since I don't know their address and I'm not even sure about the spelling of their name. I'm tempted to just do nothing and see if they call me back, but I don't want to get myself into more trouble.
You can fax the copy of the promissory note to them. You don't h
You can fax the copy of the promissory note to them. You don't have any other option. I searched in the Internet and found that there are several companies in the name of Bennet Law Firm. I don't know which one you are referring to:(.
Just make a google search on the firm. May be you can identify the company you are referring to.
Hello, I think the best thing for you to do now is fax the copy
Hello,
I think the best thing for you to do now is fax the copy of the promissory note to them and see how they react. They may just stop at this and not contact you further. However, do keep that promissory note with you because you never when when this collection agency will wake up again after a few months and give you a call!
Stay well :)
honestly, I think you firing was bogus.....did you ever consult
honestly, I think you firing was bogus.....did you ever consult an attorney??? Personally I would not have agreed to pay a dime....it was marked with a price, you paid it. End of subject.
To the above two posters...promisorry note?? Did the original poster indicate there was a prom note?? There was an agreement.
OP...send the CA a cease and desist letter. Tell them to bug off and never contact you again.
Bennett Law
Here's the information you requested:
Bennett Law PLLC
10542 South Jordan Gateway, Suite 200
Salt Lake City, Utah 84095
Phone: 801-432-2901
Fax: 801-432-2956
Good luck!
Marie Megge
Donaldson Williams, Inc.
First, it is not correct that they must validate within 30 days-
First, it is not correct that they must validate within 30 days--this is true in Texas, but last I checked no other state had a time limit. Once you send a validation request, they only have two legal options--they can either validate the debt or stop all collection effort until they do validate. But there is a problem with the info you have been given--it is too late for this to take effect. You can still send the validation request, but they can prove that it has been longer than 30 days since they initially contacted you. The FDPCA allows you to request validation within the first 30 days of their initial contact with you, and if you do so within that time, then they must validate or stop collecting. If you request validation after that initial 30 days, then they are under no obligation to do either. They can still try to collect as if you never asked for proof.
Second, I would not spend much more time trying to prove anything to them. They admitted to you on the phone that they received your fax. That says to me that they got what you could give them. At that point, if it wasnt enough somehow, then even if you could find it again, the same would be true. What state do you live in? There may be a solution here....