Expert: Ray A Miller - 12/12/2008

Question
I was sued back in 1997 or 1998 i never went and a judgement was issued he tried to re affirm the debt in 2005 and it was dismissed according to the courts i paid him 250 some odd dollars in 2005 to settle the debt and we both had each other sign papers saying such. I have since lost these papers. A debt collection agency is now calling me trying to collect on this debt that has already been paid. I have done a search trying to get a hold of the original creditor to have hime call them off, I have been unsuccessfull in my attempts. I ahve asked the debt collection agency to get in contact with the creditor but they either can't or won't let me know if they have. The original creditor was in failing health when I paid him and I have doubt that he is still alive. do i have any options?

Answer
Yes you do have options.  Demand that the collection attorney validate this debt and send you all of the facts surrounding it, including the fact it the original creditor is living or not.  Attorneys can not scour the court houses looking for old judgments to sue on.  Who gave this crook (and I apologize to the crooks out there) the authority to sue one this?  This attorney has a lot of explaining to do before he can sue anyone.  Good luck with this.