Can a debt collection agency attempt to collect money they s

[claoudi]

Can a debt collection agency attempt to collect money they say is still owed to the original owner? My husband and I purchased a vehicle in 2004. We couldn't afford the paymets, so we returned the vehicle to the bank. They sold the vehicle for less than what was owed. Now three years later, a collection agency is trying to get us to pay what is owed. Our credit report as of 3/2007 shows the original owner reporting that the debt is written/charged off and we have a $0 balance as of 10/2004. Do we still owe this money?
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market samurai ~ marketsamurai

 

[Denis]

See your lawyer. I recommend Perry Mason.

"Our credit report as of 3/2007 shows the original owner reporting that the debt is written/charged
off and we have a $0 balance as of 10/2004. Do we still owe this money?"

"Writing off" is more a bookeeping method than anything; it does not mean the debtor is discharged.
Many "written off" accounts are turned over to collection agencies.
If anything collected, the company treats it as "bad debs recovered" or something similar.
I think you legally still owe the shortage. Just my opinion.

If "returning a car" meant automatic debt discharge, then I'd buy a car every month, and return it
1 day before 1st payment due!