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I just received a letter from a lawyer office over a Credit Card bill from 2003. Trying to avoid Bankrupcy, I turned these over to a settlement company, which settled for an amount and paid them off. I have not moved, phone number has not changed etc. I have not heard one word about any balanced owed in all these years until a letter yesterday. Of course I can't put my hands on the paperwork saying this specific one had been paid. Can you advise me on what I need to do?
State/Country relating to Question: Arkansas Already Tried: I did contact the office yesterday following receipt of letter. I have not verified the account number, However the amount that was on the card was 6000.00 more than the amount that I owed on the old. Thanks
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What state are you in?
What settlement company did you use?
When did you settle the debt?
Do you have any documentation that confirms that the debt was paid off?
Thanks
Arkansas
Brinker Hoffman
2004?
I am unable to locate the document that verifies that Credit card.
Thanks for the information.
First, you should contact the attorney's office again. Ask who the attorney is representing-- eg. the debt settlement company, the credit card company, etc. Then, ask the office for proof of the debt that they say that you owe. You are entitled to that. Also, let the attorney know that you worked with Hoffman, Brinker & Roberts to settle your debt back in 2004. Ask the attorney has had any contact with Hoffman Brinker.
The extra $6,000.00 that the attorney says that you owe could be accumulated interest on the debt that the attorney's office says that you owe.
You then need to contact Hoffman, Brinker & Roberts. Their home office is located in Michigan. The contact information is set forth below.
Hoffman, Brinker & Roberts
Remember, debt settlement companies do not make monthly payments to your creditors. If they claimed to do so or if they give you the impression that they did, that was a misrepresentation. They only negotiate a settlement, and YOU have to pay the debt. Creditors are not paid until after a mutually agreeable settlement is negotiated and approved. You also must have paid the debt settlement company a fee for negotiating the debt.
You should have been given a copy of the negotiated settlement, and instructions as to how the debt would be paid. The company should have copies of the settlement and its provisions in their file. If you paid the debt, you should have received confirmation from the company and/or the credit card company that the debt had been paid.
If the debt wasn't paid in full, or the settlement terms were not complied with, even though you worked with the debt settlement company, you can still be sued. It sounds like this is about what is going to happen to you.
Hopefully, you didn't get scamed--meaning they took your money (fee) to settle the debt, and then didn't do so. If you get no help from Hoffman Brinker, contact the Better Business Bureau. You can also contact the Attorney General's Office.
But....in the meantime, keep in contact with the attorney's office. If they won't work with you and/or give you the information you request, if you are sued for the debt, make sure that you answer the Complaint and indicate that you worked with the debt settlement company to settle the debt and that you believe that the debt has been paid. Indicate clearly that you do not owe the debt.
Again, contact the attorney's office and ask the questions as outlined above. Also contact Hoffman/Brinker and demand the information from your file. Hopefully there was only a paperwork snafoo. But....if you were scammed, notify the Attorney General and the Better Business Bureau. Finally, if you are sued for the debt, answer the compaint and appear and any and all court dates that are scheduled.
Finally, you may wish to contact an attorney who specializes in debtor/creditor law. You can contact your local bar association for a referral. It may give you 2 or 3 names. You can call the attorney(s) and ask for an appointment to discuss the specific facts of your case. Many times, an initial consultation is free. You may be able to gain valuable information at no cost to you.
Good Luck
This is for informational purposes only and does not constitute legal advice. No attorney client relationship has been created.
Attorney
20+ yrs in criminal, landlord/tenant, family, & small claims