A collection agency's attorneys sent me a letter at the beginning of August stating that if I did not make an attempt to contact them or pay the bill they would sue for the amount. In the middle of August I sent $50 and put a note saying that I would pay $50 every month until the bill was paid in full. In Sept I sent an additional $50 and am just about to sent the third payment. However, we just received paperwork stating that they are suing. They are suing for the original amount as well even though both of my checks have been deposited by them. If they cashed my checks doesn't that state that they accepted our payment plan? They should not be suing and they should not be suing for the full amount when I have paid at least half...right?
2007-10-19 14:26:58 · 5 answers · asked by aimee4frogs 2 in Business & Finance ➔ Credit
The original amount was for 265.08. They are suing for that amount but I have sent two payments of $50 the past two months. I called and left a message but they have not returned my call. I am sending the additional payment with a letter tomorrow and will attempt to call them during business hours instead of leaving a message. Thank You!
2007-10-22 12:32:33 · update #1
If you are in collections, you defaulted on your agreement. That means everything is due and payable now. They don't have to accept any payment arrangement. Typically they will take your small payment and sue anyway.
I notice you said that your two payments were half. Was this only a $200 debt? I don't think they will actually sue you for this small amount. Go ahead and send another $50. Include a letter detailing your other two check numbers, date, and amount and indicate this payment will leave a $50 balance which you will remit next month. Send it certified, return receipt.
Next month, send the last $50 with another letter indicating this is the last payment and that the debt is paid in full -- also certified, return receipt.
Then make sure you keep copies of the cancelled checks and the note you sent previously along with these letters.
2007-10-19 16:41:01 · answer #1 · answered by bdancer222 7 · 0⤊ 0⤋
did you get any of this in writ ting??? I hope you did then you can sue them very easy. If you did not have any of this in writ ting this may be more difficult, now i am doing the math and they are suing you for 200 bucks, if so and they are adding on fees and such maybe fraudulent activity and scaring you to pay in full. GO TO COURT PROVE THAT YOU HAVE MADE PAYMENTS, THEY JUDGE WILL SEE THAT AND MOST LIKELY LET YOU CONTINUE ON THOSE PAYMENTS.
2007-10-19 23:39:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They can sue, but usually they don't if you have called them and confirmed payment arrangements. Unless you got a letter stating they accet your proposal, they can do what they want unfortunately. Call them! Good Luck!
2007-10-19 21:32:39 · answer #3 · answered by Marty 4 · 0⤊ 0⤋
the sad thing is that they ca also tack on the cost of the attorneys when they get the judgment
2007-10-19 21:46:20 · answer #4 · answered by shultzie knows best 7 · 0⤊ 0⤋
Look at #6 and #7 in this article: http://www.privacyrights.org/fs/fs27-debtcoll.htm
Get some legal help...you don't need this ruining your chances for credit in the future.
2007-10-19 22:47:24 · answer #5 · answered by jinxies 2 · 0⤊ 1⤋