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I Hired Morgan Drexen to Settle My Debt But I’m Now Facing a Lawsuit Over It

Question:

Dear Steve,

I had a credit card that was settled in 2011 by Morgan Drexen. I do not have the paperwork for this, but I got a letter from Morgan Drexen and my credit card company saying the matter had been settled. Today, 9/6/2019, I was contacted by an attorney’s office saying that I am being taken to court for that credit card.

Is there any way I can get proof of settlement with Morgan Drexen being closed?

Rachel

Answer:

Dear Rachel,

The issue that you mention, happens with a lot of debt settlements. Years later a company will say you have not paid the settlement and come after you for the debt.

Without proof that you had a settlement agreement and have proof they payment was made, I’m afraid the news isn’t good.

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You will claim a settlement was reached and the payment made. They will claim there was no such arrangement. Without proof, this will become a mess.

It may be possible to ask for a listing of all activity on the account that shows the settlement payment you made. They will probably say that was just a big payment.

My advice to others is to file all settlement agreements away with the proof of payment received by the creditor. I suggest filing to people that they file it away in that place where their most important papers are kept.

Now, all may not be lost. It might be possible that the statute of limitations has expired on this debt and if so you could raise that in your defense in the lawsuit.

Additionally, the company coming after you now may not have proof that can prove this is a valid debt. You can read more about debt validation here.

I would suggest, given the technical nature of a possible defense given the loss of the settlement proof, that you hire an attorney who is licensed to practice law in your state to help defend you.

See also  Harvey Z. Warren Publishes New Book, Drop Debt. Brings Back to Mind a Bit of FTC Past That Tangles In Walter Ledda, CEO of Morgan Drexen


Damon Day - Pro Debt Coach

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Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
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