Old Collection Acct

California, In 1987 I paid off a balance to Pacific Bell in cash, did not keep receipt. In 1994, they sold the account to a collection agency, since I did not have receipt, I could not prove balance was paid. I again paid the account for $289. Pacific Bell, says the collection company never paid them andthey have been selling the account to collection company after collection company. The original collection company has gone out of business and the balance the new colleciton company wants is $589. The account with Pacific Bell was closed back in 1987, do I have to pay this account again since I do not have any proof that the collection company was paid in 1994.

No, you don't. Just send them a certified letter stating you will only deal with the original creditor. Also do a search on the net for "Fair Debt Collection Act". You will get tons of information regarding what your rights are.

The idea of getting rid of the collection agency is totally off the wall and out to lunch. 3rd party debt collectors and debt collection attorneys are under FDCPA and bound by it while original creditors are excluded from FDCPA. That means that if you have to deal with the original creditor you have almost no defense against abusive debt collection practices. They can do almost anything they want to in their attempts to collect from you. That said, let us get to your post.

The account with Pacific Bell was closed back in 1987, do I have to pay this account again since I do not have any proof that the collection company was paid in 1994.

While all of your histor is enlightening, let's cut to the heart of the situation. What you need to do is to demand validation of the debt. Make them prove that you owe the debt. If they cannot prove each and every charge made to the account they cannot collect it. You do need to send a properly worded validation letter containing a partial Cease & Desist and other appropriate clauses. But even lacking all the fancy stuff, a simple demand for validation should put a stop to all the foolishness, but they very well might sell it to another collection agency instead of even attempting to validate the debt. Do not let that bother you in the least because you will be in even better shape than before because as soon as the new collector sends you a demand for payment you also send him a demand for validation. This means that he has to go back to the collector he bought the debt from to get the verification who has to go back to where he got the debt and all the way back to the original creditor who must then send the validation back down through the chain of command and it all has to get done in 30 days. That's not going to be possible. So the new collector has violated FDCPA which means he is liable to you for huge damages so you make him pay the debt he was trying to collect from you and remove the derogatories from all records public and private. His choice will be to either do that or face a very expensive lawsuit which he will not want to do. It's really a simple process and works most of the time. Usually puts a quick end to the misery and shennagans.

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