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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  Licensed to Practice Law
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I had an account with credit solutions, paying off debts for

Resolved Question:

I had an account with credit solutions, paying off debts for years. Today, I just searched for their website and I tried contacting them but the website is shut down. Now I do not know which accounts I paid off. I received a letter from a collection agency but I am sure that debt was paid off by other agency but I am not sure which one because now the website is shut down. What can I do? I cannot afford a lawyer and I am hearing impaired.

Please help. :(
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Were you given any written documentation which shows which debts you paid?

Also, how did you pay? If by check or electronic withdrawal, have you tried contacting your bank for any payments made to the collection agency?

Do you still have unpaid debts, or do you believe that all have been paid?

Have you asked the new collection agency for an accounting that shows all payments, interest, etc?

And finally, when did you last pay on these debts? I am wondering whether the statute of limitations has passed.
Customer: replied 1 year ago.

No I did not receive any written documentation.


 


It was through an electronic withdrawal from my bank. Yes I have tried but it costs me a fee to get statements from a specific collection.


 


I still have one more unpaid debt, all of the others are paid off. I received a letter but it is not the correct debt because I paid that one off years ago.


 


I tried to get some information but they will not give me full account number so I am not sure which account they were talking about.


 


I was paying off the debts since 2009 or 2010. The last payment for one account is next month then I will be finished but I have other one that is unpaid but I am not sure what to do now because of credit solutions and account numbers.


 


Things are very complicated because of limited account numbers and different collection agencies.


 


Was I being ripped off with credit solutions because the company has been shut down immediately.


 


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

If I were you, I would write a letter to the collection agency which explains that you believe that the debt was paid, and that you dispute the debt and want it verified, and that you want a statement of account which shows all payments, the current balance, etc.

I would also talk to your bank about obtaining proof of payments so that you can prove that the debt was paid. You may have to pay for your bank to get you the records, but there's not much you can do about that. If those records help you prove that you paid the debt in question, then it will be money well spent.

I would then send the records which shows that the debts were paid to the new collection agency. Hopefully that will be enough to get them off your back. You can also send them a cease and desist letter which tells them not the contact you again. If they attempt to collect again, then they will be in violation of the Fair Debt Collections Practices Act (FDCPA), and you would be entitled to money damages. However, the collection agency would still have the option to sue you. If it sues, then you'll need to produce the bank records (and any other evidence) which proves that the debt was paid. You may then be entitled to money damages under the FDCPA due to the collection agency suing on a bad debt. Fortunately, if you have a claim under the FDCPA, then you would be entitled to attorney's fees, so you would not have to pay for the attorney yourself. Thus, it would be a good idea to contact an attorney in that situation.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
Customer: replied 1 year ago.

The bank couldn't find all of my old bank statements so I am out of luck getting the verifications. What can I do next? I am sure that I paid it off, I wanted to see who collected my debt but credit solutions shut their website down and the bank couldn't get all of my statements. I do not know what debt collection place collected my debt.


 


Sandra

Expert:  TJ, Esq. replied 1 year ago.
Hi again. You can get the collection agency to stop contacting you by sending the cease and desist letter. However, the collection agency would still have the right to sue you. If you're sued, you'll need to convince the judge that you already paid the debt. While you can testify to that under oath, the judge is likely going to require other evidence, such as canceled checks, bank receipts, etc. If you're sued, then you can also try objecting to the evidence that is introduced by the collection agency due to the agency's lack of authentication because the records are from the closed collection agency that was already paid. This is a desperation strategy, however. You could also try to settle with the collection agency to prevent a lawsuit. The collection agency will not want to sue you, so it may be possible to work out a settlement for less than what they claim you owe. Clearly that is not ideal if you already paid, but unfortunately if you're sued it will come down to what can be proved, which is not necessarily what actually happened. If you need clarification, please let me know. Also, please provide a positive rating or I will not receive credit for assisting you. Thank you.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9587
Experience: Licensed to Practice Law
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