Can you be sued by a company if you are making payments?

Question

I was going to settle with a collection company for a certain ammount. The only thing is I cant come up with the other ammount they want? Can they sue me. I still want to make payments to them but it will have to be monthly.

Answer 1

No, they cannot sue you if you're making an honest effort.

Answer 2

Under the Fair Debt Collection Act, as long as you are making a bona fide attempt to settle the debt they cannot take civil action against you. The important thing is you need to cover your @$$. Write them a letter and explain that you intend to pay but you just don't have enough money to cover it. Tell them that you can afford to pay x amount of dollars every month and you'll do it every month until the debt is paid. Make a copy of it for yourself and don't send it standard mail -- send it certified or by UPS/FedEx (that way you have proof that it was delivered). If they call you, make sure you write down the date, time, name of the caller, and the substance of the phone call. They cannot harass you over the phone either, so you can tell them straight up that you want all future communications to be in writing. If they give you a hard time about it, threaten them with legal action under the Fair Debt Collection Act and they'll back off. Just remember to document, document, document; just in case you do end up going to court. Judges don't care what you know -- they only care about what you can prove. If you can show that you did your due diligence then you'll prevail.

Answer 3

Sarge 927 is absolutely correct. In addition you can pay $10.00 per month on a $100.00 debt, as long as you have acknowledged the debt and informed them in wrting by agreeing to pay what you can every month without missing payments that shows effort. There is nothing they can do. Do not strain yourself financially, agree to pay what you are sure you can pay. Some companies will negotiate a settlement. For example if the debt is $500.00 you may be able to settle $300.00 or less but you will have to pay the $300.00 in full. Once your debt is paid notify all 3 credit bureaus transunion, experion, equifax send copies only (keep originals) of payment made, your credit score should increase and the debt will be documented in your credit reports as a paid debt. Good Luck you will be fine.

Answer 4

If you've made a deal with them then they can sue you if you haven't gone through with your side of the deal but if your still in the deal without any detains then they wouldn't be able to sue you. It would be them going back on their word. Always monitor and document your conversations down on paper so you have back up on what was said during conversations.

Answer 5

They are not required by law to accept payments. They are entitled to remedy your lack of payment by taking legal action. Can you borrow the money from a legitimate source (not payday loans or second mortgage) and make monthly payments on that.

Answer 6

Unfortunately they can sue you...especially if you agreed on a settlement amount and can't come through with it. I manage a Payday Advance store....the owner sues people for this on a regular basis.

Answer 7

yes they can sue you. Sorry, but unless you have something in writing agreeing upon your terms of pmts, they can pretty much do whatever.

Answer 8

If your in california no. in another state i dont know. in california you have so many rights that they cant do nothing to you. they'll never take you to court.

Answer 9

They can sue you, but it doesn't mean they will win.
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