***WORDS OF SAM:*** During the last couple of months, I have had 4 friends/ clients come to my office who were victims of identity theft or had problems meeting monthly credit card payments. In each case, my friend/client had received a telephone call from a debt collector seeking payment on a delinquent account. During the conversation, an agreement is made with the collector whereby for a payment(s), the debt would be satisfied in full. The collector demands the payment be made electronically which occurs. Months or years pass and my friend/ client is contacted from a different debt collector demanding payment on the delinquent account which was supposedly satisfied by the earlier payment(s). Regrettably my friend/ client has no documentation the debt is/was satisfied by the earlier payment(s); only evidence of the payment. The purpose of this post is to inform you in the event you are contacted by a debt collector, I would urge you not to pay anything electronically. Further, if there is an agreement entered whereby you make a payment(s) to satisfy a debt, have the collector mail you a letter setting forth the terms of the agreement. Many times when an individual is subject to identity theft, the collector seeks a written ID theft affidavit which may or may not satisfy the collector. If so, the debt may be assigned to another collector who might demand payment or seeks the same information. *My secretary is pulling her hair out as she thinks this post is way too lengthy, but please remember this is coming from an attorney.*
Posted on: Thu, 17 Jul 2014 20:06:30 +0000
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