Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?
A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted on the day they sold it to the collection agency. The lawyer is giving me until the end of today to choose to let it go to court or to mediate for a smaller amount which I would have to pay on the spot. Help! What are my options?
A: Immediately consult with attorneys who do FDCPA violation cases (consumer-debt collection defense attorneys) in your state.
A:
It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?
I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should immediately provide written verification of the claim with all appropriate written documentation they rely upon to say that you do owe it; and also say that if in fact it turns out that if you ever did owe the claim, the collection of it is now barred by the statute of limitations; and that if they will send you the documentation you will have it reviewed by a lawyer.
I predict you will never hear from them again.
A: There's no need to pay a debt twice. If you're sued, raise this as an affirmative defense. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: You have three very good responses. I'd note, it is HIGHLY unusual for an atty to just call you, instead, they will normally just sue you. I think you could have a nice unfair debt collection practices (FDCPA) case IF the facts as stated are true, which I doubt....
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A: I think this is probably a scam, as real lawyers don't call debtors up and demand payment the same day. They just sue. I think you can safely ignore this. If it is real, just respond to the lawsuit when you get it.
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