Wife sent to collections for ticket she paid ten years ago
"The first thing you should do is write a letter to the collection company telling them that you dispute all charges and demand, per section 809 of the Fair Debt Collection Practices Act, that they immediately validate and confirm any and all debts they allege you owe. You should further request that that they only communicate with you by mail. Section 809 requires them to examine the legal documents showing you allegedly owe a debt and they are required to send this to you. This all creates a useful paper trail. When you send the letter, be sure to send it as certified mail with a return receipt. From your description, it doesn't sound like this will do anything, but it's important you do it within 30 days of them contacting you. This is because the law allows them to assume the debt is valid if you don't do it within 30 days of their initial contact. I recommend you speak with an attorney. Most states have a statute of limitation on debt of about 4 or 5 years. I don't know if that applies to courts though. Whatever you do, be very careful of the language you use when speaking with them. Always refer to it as ""the alleged debt,"" or ""the debt you allege I owe."" You don't want them misconstruing your words later on. As far as proving you paid it, I would look through every scrap of paper I'd ever touched looking for it. If that proves fruitless, try going to the courthouse and looking through their records. If they're saying you didn't pay, that's a long shot, but still worth a try. You could also try bank records from that time, like if you have a Visa statement showing $276.17 paid to the Nevada Court or something like that. If all else fails, the law allows you to send the collector a letter saying that you refuse to pay the debt. The collection company then legally must stop contacting you unless it's to tell you they are suing you or to tell you they won't contact you again. I strongly advise against this though. Your best bet is going to be speaking with a qualified attorney. Edit: You should also pull your credit reports to make sure this isn't being reported there. Federal law gives you the right to have a free copy of each of your credit reports once every year. If it is being reported, send a certified letter with return receipt to each bureau which is reporting it telling them you dispute the information. They then are required to confirm the information. If they can't confirm it, they must remove it. If they do confirm it, you are legally entitled to put a statement disputing the information next to it on your credit report. I am not an attorney. This is not legal advise. You should consult an attorney who is licensed to practice law in your particular jurisdiction." I had this happen to me with parking ticket when I was still in school.  The tickets were issued by the school police and later dismissed (because I had purchased a year-long parking pass).  3 years later I got a letter alleging that I had unpaid parking ticket.  So they lost the record of dismissal.  But they did not lose the record of having issued the ticket.   I am fairly certain this happens because legal entities either lose electronic records and restore data from backups without realizing that some corrupted data remains lost or because they transition to a new system and certain real-world events don't get transferred properly to the new system.  Of course, the people with whom you end up interacting at that point have no idea of any potential technical problems (because they may occur only in some technical one-off cases).  In my case, I was able to show that I had received a judgement of dismissal.  I actually kept the paperwork. The question is what do you do if you lost the records and the state had lost all electronic records of your payments.  Let's assume the collections agency has a record (produced by the state) that you owed the ticket amount, but the state claims that no record exists of you having paid the tickets.  What do you do, then? Carefully compile the list of all possible banks which you could have possibly used.  Then request duplicate statements from all the banks which you have on that list.  Assuming you were a regular consumer and not running a business, this should not amount to more than 100 pages or so.  If you do manage to find the transactions in those bank records, you are in luck.  States, unlike the federal government, are not immune from law suits.  So you can consult a lawyer.   By fraudulently claiming that you defaulted on payments, the state caused you material harm (by lowering your credit rating and increasing your cost of borrowing).  Once you have all the paperwork in hand, you still will have difficult time finding anyone in the state to listen to you.  And even if you do, you will not be compensated for the time and expenses you expanded to obtain these records. If you indeed paid the tickets, then you are being asked to prove your innocence and you are assumed guilty until you do.  Again, a good lawyer should be able to do something with that to get you a proper compensation for this.
You could talk to them, but (assuming you're in the U.S.), it's highly doubtful any bank would honor a check from 26 years ago.  Most checks in the U.S. are only valid for 180 days, mainly to help companies and banks keep accounting simple. I would suggest talking to your late husband's former employer.  Explain the situation and ask if they'd be willing to research it and perhaps honor his memory and contribution to their company by issuing a new check.  They might do it as a gesture of good will. Are they legally bound to do this?  To my knowledge, the answer is no.  The check was issued and never cashed, which is not all that unusual for companies in business for a long time.  A good example of this would be rebate checks, which (you'd be surprised) quite frequently end up in a drawer and forgotten about.  There has to be some closure for the issuing company in its accounting, else they'd have money in their bank accounts that doesn't properly show in their ledgers. This is an interesting question, though.  I hope others will reply, and perhaps they have a more informed take than me.  I'm going to upvote it simply because I'd like to see this discussion continue. Good luck! Generally this gets corrected when you file returns for both States -- one owes you some refund, and younowe some money to the other. Multistate tax returns are their own special kettle of worms, so you might want to consider hiring a pro to straighten this out -- their software has some tools personal packages don't. This does sound a bit implausible, even if it is true it is pretty grossly irresponsible and you probably shouldn't just let it slide... However there is no real benefit in wading in with accusations, I suspect that the most likely scenario is that your tenet simply didn't have the money and was looking for a way to delay payment. This may well not be particularly malicious towards you, they may just be unable to pay and need a bit of room to maneuver.  In this case the wise thing is to challenge them but without forcing them to admit that they might have lied, perhaps by suggesting that they might have been mistaken about dropping off the money but it's no big deal and negotiate a resolution. In these situations where it is one persons word against another giving them the opportunity to save face often pays off.  Equally you want to make it absolutely clear that putting a wad of cash in your mailbox is not an acceptable way to pay. One piece of documentation that might help here is a confirmation of your benefit selections through your employer for each year since the expenses in question were incurred, assuming you have a job with eligibility for benefits.  If you can prove which accounts you maintained through your/your spouse's (if applicable) employer(s), then it is relatively simple to go back through the records for those specific accounts and see if a specific expense was ever reimbursed.  Obviously, you can't prove through documentation that you didn't have accounts that don't exist. This seems like it would be more important for the accounts elected by a significant other, since I believe reimbursements from an account in your name would typically be reported to the IRS on your behalf anyway. Also, keep in mind that the IRS won't care about each line item individually.  Their focus will be on whether, for any given snapshot in time, your total reimbursed amount exceeded your total eligible expenses. You might want to head on over to https://law.stackexchange.com/ and ask the same question.   However from a personal finance perspective this kind of drama is somewhat common when someone is deceased and financial expectations are not met by the heirs.  It sounds like the daughter was expecting a lot more in inheritance than was actually received.  There was probably an overestimation of dad's net worth and an underestimation of the cost of his care toward the end of his life. Its best not to participate in this drama, and I feel that you are correct that the daughter does not have a right to see the bank account statements prior to dad's passage.  The question is also if she has a right to see it now. Here in the US a joint account can be setup so the ownership transfers to other account holder(s) up death of an owner.  So in this case your mother would own the account.  If the account is setup as such, then the estate has no right to that money.  You may want to check with the bank for some free advice.  What is the classification of the account now that dad has passed?  When a person grants someone else the power of attorney they have the ability to act as if they were that person.  Most of the time POAs are limited in scope so If I give a person the POA to register a car in my name, they cannot apply for a credit card in my name (legally).  In this case, however, the POA was probably general so pretty much your mom could do whatever she pleased. So if your mom took good care of the dad and bought herself some nice jewelry that is perfectly allowable with a general POA. I strongly doubt this daughter has any rights to the past records and may not even have the rights to the joint bank account currently. You should start by making a written complaint to the insurance company itself. You have two angles of attack: What was discussed when she was sold the policy. Make sure you set out exactly what you believe you were told and highlight that they didn't ask about commuting (assuming that's the case). Ask them to preserve any recordings they have of the call and to send you a copy. The nature of the journey where the accident happened. From the description - unless it was part of a journey to and from work - there's no good reason for them to classify it as commuting. Make sure you make good written notes now of anything that happened verbally - phone calls etc, and keep doing this as the process goes along. If that written complaint doesn't work, your next step is to go to the Financial Ombudsman, who are a neutral adjudication service. If the Ombudsman doesn't support your case, you could go to court directly, but it'll be expensive and a lot of effort, and by this stage it'd be unlikely you would win. The Ombudsman's rejection wouldn't count against you directly, but it'd be a strong indication that your case is weak. See https://www.moneyadviceservice.org.uk/en/articles/making-a-complaint-about-an-insurance-company for a more detailed walk-through. One issue is whether it is a scam or the collector has a right to collect. Another issue is the statute of limitations period on the debt.  If it has expired, the creditor cannot get a court judgement against the borrower (if the borrower contests it).  However, if the borrower makes a payment, or promises to pay, the time resets to zero, starting a new period subject to valid court action.  In the U.S. the length of this period varies by state.  (This period is different from the amount of time a debt can be listed on a credit report.) Sit down with professional with knowledge about eldercare issues. Know how your options regarding the property ownership can impact the services they qualify for. Even making a change in ownership can impact their eligibility for certain programs. Some of which can reach back to events in the recent past. Also if you own it but she will get some of the profits when you sell, she could still be considered an owner, which can impact eligibility for programs. This is in addition to the issues with the lender, the IRS, and your estate. Personal story here: I ended up at the Santa Monica hospital without insurance and left with a bill of $30k-$35k. They really helped me, so I felt like I had a duty to pay them. However, close inspection revealed ridiculous markups on some items which I would have disputed, but I noticed that I had been billed for a few thousands of services not rendered. I got very mad at them for this, they apologized, told me they'd fix it. I never heard back from them and they never put it in collection either. I'm assuming they (rightfully) got scared that I'd go to court and this would be bad publicity. Sometimes I feel guilty I didn't pay them anything, sometimes I feel like they tried to screw me. I think the statute of limitations is 2 years so I suspect that she may not qualify, also BOA was not the last bank to hold her mortgage.  I doubt she'll receive anything. She's just glad the whole mess is behind her. "I had about $16k in student loans. I defaulted on the loans, and they got  > passed to a collection type agency (OSCEOLA).  These guys are as legitimate as a collection agency can be. One thing that I feel is very sketchy is when they were verifying my identity they said ""Does your Social Security Number end in ####. Is your Birthday Month/Day/Year.""  That is not sketchy. It would be sketchy for a caller to ask you to give that information; that's a common scheme for identity theft. OSCEOLA are following the rules on this one. My mom suggested I should consider applying for bankruptcy Won't help. Student loans can't be discharged in bankruptcy. You have the bankruptcy ""reform"" act passed during the Bush 43 regime for that. The loan itself is from school. What school? Contact them and ask for help. They may have washed their hands of your case when they turned over your file to OSCEOLA. Then again, they may not. It's worth finding out.   Also, name and shame the school. Future applicants should be warned that they will do this.  What can I do to aid in my negotiations with this company? Don't negotiate on the phone. You've discovered that they won't honor such negotiations. Ask for written communications sent by postal mail. Keep copies of everything, including both sides of the canceled checks you use to make payments (during the six months and in the future). Keep making the payments you agreed to in the conversation six months ago. Do not, EVER, ignore a letter from them. Do not, EVER, skip going to court if they send you a summons to appear. They count on people doing this. They can get a default judgement if you don't show up. Then you're well and truly screwed. What do you want? You want the $4K fee removed. If you want something else, figure out  what it is. Here's what to do: Write them a polite letter explaining what you said here. Recount the conversation you had with their telephone agent where they said they would remove the $4K fee if you made payments.  Recount the later conversation. If possible give the dates of both conversations and the names of the both agents.   Explain the situation completely. Don't assume the recipient of your letter knows anything about your case. Include evidence that you made payments as agreed during the six months. If you were late or something, don't withhold that.  Ask them to remove the extra $4K from your account, and ask for whatever else you want. Send the letter to them with a return receipt requested, or even registered mail. That will prevent them from claiming they didn't get it. And it will show them you're serious. Write a cover letter admitting your default, saying you relied on their negotiation to set things straight, and saying you're dismayed they aren't sticking to their word. The cover letter should ask for help sorting this out. Send copies of the letter with the cover letter to: Be sure to mark your letter to OSCEOLA ""cc"" all these folks, so they know you are asking for help. It can't hurt to call your congressional representative's office and ask to whom you should send the letter, and then address it by name. This is called Constituent Service, and they take pride in it. If you send this letter with copies you're letting them know you intend to fight.  The collection agency may decide it's not worth the fight to get the $4K and decide to let it go.   Again, if they call to pressure you, say you'd rather communicate in writing, and that they are not to call you by telephone. Then hang up.  Should I hire a lawyer?  Yes, but only if you get a court summons or if you don't get anywhere with this. You can give the lawyer all this paperwork I've suggested here, and it will help her come up to speed on your case. This is the kind of stuff the lawyer would do for you at well over $100 per hour. Is bankruptcy really an option Certainly not, unfortunately. Never forget that student lenders and their collection agencies are dangerous and clever predators. You are their lawful prey. They look at you, lick their chops, and think, ""food."" Watch John Oliver's takedown of that industry.  https://www.youtube.com/watch?v=hxUAntt1z2c Good luck and stay safe." The original note should have had a a clear start and expiration date included with in it (the term).  If it did then the term has likely expired by now (since you said it had been years) and you should issue an amendment to the note that clarifies the new term and also clarifies the interest rate terms.  If the original note did not have an expiration date then that would be unusual and your mom should work with her friend to execute a new note with clear start and expiration dates and that also clarifies the payment and interest terms.  From my experience it is best to include a specific payment schedule within the note as well as very specific and clear terms around how interest will be handled in the event of a missed payment, late payment, or inability to pay the note off in full at expiration.  There are many good examples available online to help you craft the appropriate verbiage for your specific needs: http://tinyurl.com/note-examples If you and your wife are owners, your tickets might be a business expense against the rental income. 'Might' as in the IRS will be happy to audit you, seeing the kids went as well and prorating the expense as say 25% was really business, the rest, family vacation.  If this $4000 write off is the make or break for this deal, don't do it. "In California at least a little known secret is you don't have to pay traffic fines older than three years. I had my DL suspended for three years from 3thousand in bad tickets. I went to pay after I saved enough, and the nice lady said ""the law says you don't have to pay the fines over three years old and we can't legally hold your license and we legally can't report it to credit agencies or the DMV"" She got her gold star that day!! She said no one will tell you, but being nice sometimes gets you a long way. I'm sure most people take out their frustrations on her.  So I paid about 1300$ and walked out a happy licenced man. Thanks to that lady!!" You're not missing anything. Consumer protection in the US is very basic and limited, if at all. So if someone claims you owe them something, it would be really hard for you to prove otherwise unless you actually drag them to court. Especially if there actually was a relationship, and there probably is some paperwork to substantiate the claim. I suggest talking to a consumer issues attorney.