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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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Experience:  Lawyer
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Hello. In 2010 I owed a balance of approx. $2500.00 to Bank

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Hello. In 2010 I owed a balance of approx. $2500.00 to Bank of America for a credit card. I settled directly with them for an amount somewhere around $1600.00. Approx. one year later, I started recieving letters from a credit collector (not bofa) stating I still owed the BofA balance and offering me settlement amounts. I contacted them and advised that I had settled the account with bofa prior to them acquiring it. They gave me a fax number to send documentation and told me it was my problem to resolve the confusion. I called BofA and gave them the info as well. BofA also provided me with a letter which I faxed to the company per their request. I hadn't heard anything since then, but now Im recieving the same letters regarding the account. I called again, explained the process I went through, and their denying they recieved the fax or spoke with BofA (which they did and I verified with BofA at the time). The company is requesting that I go through the whole process over again, and fax them all the documentation showing the debt is invalid. Im tired of jumping through their hoops, and their unwilling to do any research on their own. Can I safely ignore their repeated letters, somehow demand that they stop contacting me, or force them to verify it themselves? I don't want it popping back up on my credit since my settled BofA account is already reported on my credit accurately. What recourse do I have to avoid going through this with the collector over and over? Thanks.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The Fair Debt Collection Practices Act allows a consumer to send a letter, via certified mail, to a creditor, stating that he refuses to pay the debt and that the debt collector must cease all efforts to contact him. The letter is effective as of the date the debt collector signs for it. Here are a couple of sample letters:

If you do want to ask them to verify the debt instead, here is another letter.

The letter does not prevent the company from suing on the debt. If they file a suit, you would have the option of defending the case on the basis of Accord and Satisfaction, which is that you settled it. However, it may be easier to attach the proof that the debt was paid to the letter. That way, you'll have evidence that they got it.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thank you for the excellent information. Can they attach the debt to my credit report as a new item, or would they have to sue me? Im just tired of sending them documentation only to have it ignored. Thanks.

Expert:  Lucy, Esq. replied 1 year ago.
If they attach a debt to your credit after being told repeatedly that you do not owe it and given proof, they could be sued for damages. You could also dispute it through the credit bureaus to have it removed.
Lucy, Esq., Lawyer
Satisfied Customers: 23610
Experience: Lawyer
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