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Debt collector wants to sue after I paid the payoff they gave me

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Firenspurs

Junior Member
What is the name of your state (only U.S. law)? Nevada
I purchased a cab over camper in 2004 called for a payoff in 2010 was given a pay off amount and paid it that day. Didn't receive any paperwork from creditor. Called and was told it wasn't paid off and got everything from 250 to 2800 still owed. I told them to send me a summery and never received it. I was contacted last year by a debt collector and told them the whole story and asked for a debt verification got a payment summery from original creditor. I told them the info was wrong and I refused to pay the 2800 they claim I owe. I have now been contacted by a law office acting as a debt collector telling me I now owe 4100 dollars. I explained the whole story and told them I was willing to pay them 1000 dollars to settle the debt which is more than fair just so they stop harassing me. They came right back with no we will take 2800. I don't owe 2800 and I told them I would just assume we go to court and settle it there. They came back with if we go to court I am responsible for all fees incurred. So now I'm unsure how to proceed.
 


...I was contacted last year by a debt collector and told them the whole story and asked for a debt verification got a payment summery from original creditor. I told them the info was wrong and I refused to pay the 2800 they claim I owe...They came back with if we go to court I am responsible for all fees incurred. So now I'm unsure how to proceed.
Hopefully someone with more expertise in the FDCPA will advise you concerning the FDCPA and how it might apply to your situation.

I will only point out that if you have solid documentary evidence (for instance, a copy of the original 2004 purchase and finance contract(s), copies of canceled checks or bank statements showing each payment, a copy of the 2010 end-of-the-loan payoff statement from the original creditor, a copy of your final payment of the end-of-the-loan payoff statement, etcetera), so that you can prove to the court that you paid all that you owe, then you should prevail in court and you won't owe them anything (let alone any of their "fees"). But of course you would have to defend yourself in court to win in court.

Perhaps if you clarify what the payment summary from the original creditor said, and why you think it is wrong, then maybe someone might be able to weigh in on which side seems to have a more compelling case.

If you send them the documentation that you have showing that you paid in full, and they sue you for a debt that they knew or should have known wasn't valid, then you might be able to sue or countersue them for violations of the FDCPA. But again, hopefully others with more expertise in the FDCPA can give you some pointers.
 

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