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Originally Posted by infoman
I have been approached by a debt collection agency stating that i have an unpaid debt.
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Collection companies have created a huge business in what is considered old, noncollectable debt. They purchase old debt for literally pennies (or tenths of pennies) on the dollar and so any payment you make will generally repay their capital investment. They have tactics that frequently cross the line of legality and have faced many fines because of it. Some collection companies have even been forced to close because of unlawful and unethical practices. These are the type of guys you are dealing with. If they can just get you to send in a good faith payment of $5, they say you are validating the account balance (and you will have a hard time disputing it) and you also reactivate the account for Credit Reporting purposes. THIS COULD EVEN HAPPEN ON AN ACCOUNT THAT IS 20 YEARS OLD. It is now considered current.
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However, they have not given me any documents to prove that they are now the owners of the debt. Further, the original creditor has issued me a letter stating that I have repaid the debt in full (though in error).
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I assume you have retained the letter stating the debt is paid in full. You say it is in error but if the original creditor was satisfied enough to send you a statement to that fact, you need to hold on to it forever. Send a copy of the letter by registered mail (get a receipt) to the creditor and let them know that any further attempts to collect on this account, or to contact you, or harass you in any way, or to report derogatory information to any credit reporting agency, will get them reported to the state attorney generals office.
You have protection from this sort of thing. Find out your state laws regarding collection procedures and statute of limitations. (They vary by state and type of contract).
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I do not want to pay anyone till they give me the documentation that they own the debt or else someone else may come along and claim the same thing. Do I just ignore them till I get the confirmations? Do I have a duty to find out or should the burden lay on them?
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You are right to be hesitant to react. Yes, they must prove they have the debt, and you may have rights to tell them you will only deal with the original debt holder.
As long as you keep the letter showing the debt has been satisfied, you should have what you need in case this bad headache should return one day...and it may.