Legal Question in Civil Rights Law in Pennsylvania

Oh no ... basically, if you do not have valid proof that the debt was settled with the prior collector then you will have to pay again.

However, you are somewhat in luck here. The statute of limitations in PA is 4 years for credit card debts. Was the credit card taken out while you were in PA? Unless the debt is somehow subject to a longer statute of limitations (example, where a debt is taken out in NY, a debtor could be sued in NY which has a 6 year statute of limitations), then the PA statute of limitations has expired and you no longer have a legal duty to pay the debt.

I would recommend sending a dispute letter to the current debt collector advising that you dispute the debt for 2 reasons: (1) you already paid (see if you can dig up a settlement letter and a copy of the check or money order that you sent) as you settled with the prior collector in bankruptcy; and (2) more than 4 years has elapsed and that you no longer have a legal duty to pay the debt.

Ask them to provide you proof if they still feel that you have a legal duty to pay. If the debt has been acquired by a junk debt buyer, tell them you will require a bill of sale proving that the junk debt buyer has the legal right to collect the debt and that you will need information regarding the date of your last payment as well as proof of your financial responsibility to pay the debt, like a credit card statement.

Send the letter certified mail, return receipt requested. And keep a copy for you. If you want me to do it, I will be happy to do so for a reasonable flat fee. Please email me at [email protected] if interested.