Taking Collection Agency and Original Creditor to court

What is the name of your state? NE

I have another question.

Several years ago (4?) Due to an auto accident in 97 medical bills were incurred. These were turned over to auto insurance for payment - they paid but just a little slow.

Medical facility turned over to collection. During this original creditor received payment from insurance company in full. OC stated they notified collection agency. CA denied ever receiving notice for OC. I faxed them copies of OC records showing they received payment and was advised that court would be cancelled. For some reason notice came outside of 30 days to dispute judgement. CA lied and filed anyway even after they were sent copies of paperwork from OA showing all accounts were paid their advisement to me that would not pursue.

I have proof showing I sent CA paperwork disputing this and showing OC received payments. Can I take them both back into court as it became a he said she said. OC states they notified CA and CA states they never received anything even after 10 calls and verbal confirmation from OC.

OH, CA advised that I should just pay them and get it over with as it would be cheaper. I want to clear this up so I can refinance my house and get out from under a LandContract creditor that keeps poor records.

[Ladynred]

If you have a court date, your best bet is to go with all your proof and show it to the judge and get the whole thing dismissed.. hopefully you can get it dismissed with prejudice.

Since you've already given the CA all the proof they need to show that the debt was paid in full and they filed anyway, the winning cards are in your hands. And yes, you can counter-sue.. I would, they're looking to get paid for something you don't owe and the OC admits it !

Thanks for the advise. Sometimes we just need a second ear and a nice helpful comment back, whether in our favor or not.