I was served to appear in court over a "Paid" charge off in 1994. This was originally a loan from American General Finance however I am being sued by a St.Louis law firm in small claims court representing a company called Platinum Financial Services out of Rockville, MD. Since we are talking 1994 I have no bank records to show proof this was paid. I do, however, have a Trans Union Credit File on myself for 2/2000 that shows this exact account with the account number matching and it shows American General Finance as reporting $0 balance and "Paid Chargeoff". Will this be enough proof? I never keep anything for 8 years not even for the IRS. Not to mention this was embarassing being served in front of my neighbors and I am refinancing my home soon and don't need this over my head. All comments and suggestions appreciated! Thanks!
This may be beyond the sol anyway, you can check the sol of your state here... http://www.faircreditmovement.org/SOL.htm
What sort of debt? Credit card or loan? It makes a difference if the SOL comes into play. In Mo. SOL on cc is 5 years but, 10 years on awritten contract.
Thanks for your quick help so far! Yes this is a loan and the SOL is 10 years. I visited the website that was suggested and was very impressed. I will be sending a validation letter on Monday. I'm not sure if I should send this to the attorneys representing Platinum Financial Services or PFS...maybee both?
If you remember what bank you used when you paid the debt off, you might contact them and ask if they still have your records saved somewhere. If so, get a copy of the check you wrote to pay it. It will probably cost you a bit since you don't know what check # you used. Also, you might contact whoever it was that you paid and ask for a duplicate receipt or letter showing it was paid. And of course, I agree completely with Lizardkings advice also.
Yes, however my proof is my Trans Union Credit file dated 2/28/00 that shows the account with the account number that is on the papers I was served and it shows American General reporting it as a "Paid Charge-off" with a $0 balance which is accurate. I also have a copy of my 2002 credit file that dosen't even show it on my credit anymore (I doubt that matters) I wish I could contact the bank but to be honest I have no idea what bank I was using in 1994. I think it may have been a bank in St.Charles where I was living at the time named Mega Bank. Problem is Mega Bank dosen't exist anymore. Banks around here seem to get bought out and changed very frequently. The bank I have used for the past 3 years has changed names three times. Thanks again for your responses.
I forgot to mention that I called an American General Finance branch in STL and asked if they have any record of me. They don't have any record and said there system "purges" old accounts. I have a feeling that Platinum Financial Services bought accounts from American General and are now trying to collect a debt...for whatever reason they bought my account which has already been Paid. I am going to try to get American General to send me a letter that says they have no record of me in their files but I don't know how cooperative they will be if they are connected somehow to this Platinum Financial Services.
I have learned 2 things about keeping records. 1*Never throw anything away you think you might need later. 2*Never throw away anything you you think you won't need later. I don't think you are required to produce any receipts!
Matt, I think you're in good shape evidence wise. The report showing paid and $0 owed will dovetail nicely with the 2002 report that shows nothing. Make' em validate and see about getting a letter from the orginal creditor and you should have smooth sailing.
Thanks again for all replies. I need to ask...If and when I get the lawyer (on their own or by judge) to drop this stupid law suit should I already file a counter suit or should I wait for it to be dismissed and then come back and sue these pain in the ass folks or should I already file a counter suit before going to court? I am really starting to feel like I need to get some sort of resolve or attempt to get some sort of damages. Thanks,
