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Old 10-24-2002, 12:08 PM
AliciaB
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collection action


What is the name of your state? Massachusetts

I paid off a department store account two years ago, I have recieved no correspondence from the company for two years and never gave them another thought after cancelling the account. A week ago I recieved a bill for the amount of the pay off from a collection agency, since this was two years ago, I have no proof that I paid the balance of the account, the department store insists that I owe the bill, and if I dont pay it, it will go on my credit report, and collection will be proceeded with. I was told that after this amount of time has passed with no correspondence from the creditor that the creditor has to prove that I owe the bill, is this true, is there any way that I can get out of paying this bill twice? Any help will be appreciated!!

AliciaB
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Old 10-24-2002, 02:44 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Did you pay the account by check ? You can contact your bank and get a copy of the cancelled check if you didn't retain any old credit statements or bank statements/cancelled checks (which you should !). Have you pulled your credit report from all 3CRA's ? They will list a 'date of last activity', which is basically the last time they registered a payment from you.

You can try sending the collection agency a validation demand letter. You can find several samples (and information on the validation process) at [url]www.creditinfocenter.com[/url] and at [url]www.creditnet.com[/url] (discussion area). This will force THEM to prove that you owe the debt and also force them to produce proof bearing your signature (like your original contract) that the debt is even yours. Send the letter certified, return receipt requested and keep all copies of your letters and the green card from the post office. When they get your validation demand, they MUST stop all collection actions and note on your CR that the account is in dispute.

Read up on the validation process at creditinfocenter.com so you'll know what to expect and how it all works. Call your bank, you need to get proof that you paid them.
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