They cannot prove debt BUT want money

Submitted by Fight the Good Fight on Mon, 03/23/2009 - 12:47
Forums

I have been having issue with a collection agency that resurfaced out of no where after over 9 years of said debt. Allow me to explain the background.

There are 3 unpaid parking violation from my university. I graduated in 2000. It does not effect my credit report. I received a letter from the company years ago (about 5) and asked them for what and they could not tell me. About 3-4 months ago, I received a letter again. I want to resume studies and need my transcripts. The University could not release them because of the debt. I went on the offensive. I am as "annoying: as collection agencies.

I sent a letter disputing the debt. They sent information back; 3 tickets (only 2 dates). All are parking violations. But that is it. I quickly replied via faxed letter asking for information that actually proves these tickets are mine (license plate, make/model of vehicle et al). They were unable! in the letter copied to me from the university, they said "if he wants information on the debt, he can contact security and ask them for further information."

The debt is small and paying is not an issue to pay. However, I do not give money away without somebody telling me why and they cannot tell me why.

What is my next step? They have not released claim to the money. How do I professionally and legally tell them they must release me from the debt for failure to prove validity of the debt?

If anybody wants/needs further information please ask.

First of all since the debt is over 9 years, the Statute of limitation on the debt might have expired and so you need not make any payments towards the debt. SOL varies from 3 years to 10 years depending upon the state where you have signed the loan agreement. Can you tell me the state where the loan agreement and the date of your last payment towards the debt so that I can help you out in the forum.

Tue, 03/24/2009 - 10:06 Permalink

Even if the debt is small and you can afford to pay it off, you should never pay off the debt if the Statute of Limitation on the debt has expired. If you make any payment, the creditor can sue to recover the debt including interest, late fees and other charges. Moreover, since 7 years has already expired, the debt will no longer show in your credit report and your credit score will not get affected by the debt.

Tue, 03/24/2009 - 10:46 Permalink