Legal Question in Credit and Debt Law in Missouri

we paid off an old credit card debt over 2 years ago. now a new debt collector is harrasing us for the same credit card that was already paid and settled. we have proof of payment and a letter from the original attorney stating we settled the debt. what rights do we have against this new debt collector?


Asked on 11/10/11, 7:44 am

2 Answers from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

You can sue under the Fair Debt Collection Practices Act (FDCPA) for attempting to collect a debt that has been paid. It is considered misrepresentation of a debt. You could probably sue them on other violations because typically, debt collectors are sloppy in their tactics and violate the FDCPA quite often.

You need an attorney.

~Jonathan

Read more
Answered on 11/10/11, 7:59 am
Anthony Smith LawSmith

It appears that you may have been the victim of a Fair Debt Collection Practices Act (FDCPA) violation. If you have not already done so, send the collctor acopy of the payment ans settlemetn letter. Any communication they make to try to collect after that, will definately be aviolation. Keep track of all such communications or other attempts to collect. You may need to hire counsel to go after them for yrou statutory damges, for these violations. You may want to go ahead and consutl direclty with a civil practice attorney in your area. Many offer a free or low cost initial consultation. Get soem advcie specific to the facts of yrou case. What you have here, is ageneral description of possibilities based upon your generalized description of the facts.

Good luck

Read more
Answered on 11/10/11, 8:01 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri