Legal Question in Credit and Debt Law in Indiana

Debt Collection

We recently received a summons to appear in Small Claims Court over a credit debt that we believe was paid in full in 2001. The firm that is suing us is a 3rd party (to whom we believe we paid in 2001). They allege that they have contacted us several times via phone and mail over the last 3 years (of which they have not). Our credit report ran in 2001 shows an amount of $896 being due. They are alleging that we owe over $1,400. The problem is that the bank account we had in 2001 has been closed and we cannot find documentation to support our claim that it has been paid. We have already spent nearly $100 with the prior bank, getting bank statements and copies of checks. What recourse do we have? The 3rd party attorney has been very nasty with us. Please help.


Asked on 3/09/04, 8:12 am

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Debt Collection

Make sure you appear in Court. The worst mistake people make is not going. Secondly, if you paid the bill, you have to prove that you did. So do whatever you can to dig up the docs. showing you paid. If you need more time to gather your docs, then request with the other attorney and court a continuance. Failure to appear and or prove your case will mean a judgment against you and then it doesn't matter if you paid or not, you'll pay it again.

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Answered on 3/09/04, 3:38 pm


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