Collection Agency help part 2?

Question

I posted a question the other day regaridng a collection agency and I am not sure I worded the question right: my problem is this: I have a collection agency who is collecting for some old tickets from about 10 years ago. They stated that I could make payments, but that they would not report any payments to the original debtor (NOT THE CREDIT BUREAUS) until the whole balance is paid. I am curious as to how the courts are to know that I am making payments and not take further action against me if the agency is not reporting my payments?

Answer 1

If this pertains to a civil judgment placed against you by a municipal authority (like parking tickets or speeding tickets) then it is considered a civil judgment.
It will appear on your credit report and stay there until the judgment is paid in full to the court. Then it will be removed.

You should get a statement from the collection agency to keep track and tell them you want a final statement when the balance is paid. They are only required to report the debt when it is paid in full, not that you are making payments.

Answer 2

I went back through some of your past questions to try to get a clearer picture of what you are dealing with.

I take it that one agency(?) sued you and won, then placed the judgment with a collection agency to collect?

If that is the case, or if the collection agency you are dealing with is the one who filed, you need to have "any" agreement that you make with them in writing !!

In your written payment agreement you might add that you had spoken with , an employee of on xx/xx/xxxx. In that conversation verbally stated that would not be reporting any payments you make to .
That you are again requesting that all payments made must be reported on a timely basis to the original entity and/or the court.
That if they refuse to report the payments to the original entity or to the courts, you are requesting that they provide you with a written statement, on their letterhead, that they will not be reporting the payments and their reasons why they will not be reporting the payments. (or something to that effect)
(for original entity and court, replace "original entity" and "court" with the actual name of the entity and the name of the court that you were sued in)

You might also include in that payment agreement that you are requesting a written notice from them showing the amount is satisfied within 30 days of your final payment.

If you have to mail the payment agreement, send it certified mail return receipt.

When you get the "signed" agreement back, take a copy of it and a copy of the signed returned green cert. mailing card to the court clerk and request that it be placed into your file.
After it is placed in your file, you might request a complete copy of the file. That way you will have proof it was filed, just in case that agreement comes up missing.
(Things do not often go missing from case files, but it does happen from time to time)

When you get the statement from them after your final payment, take a copy of it to the court clerk and request that it is placed in your file.

If they fail to provide the final written notice to you within the time you specified, send them a letter requesting it and give them 15 days to supply it. Send it certified mail return receipt. If they still fail to supply it, make a copy of the request you sent them, the signed green cert. mail card, your payment stubs and your spreadsheet (make sure the copies of your payment stubs and spreadsheet is as neat as you can make it) and take that to the court clerk. Explain to the clerk that you have satisfied the judgment but the collector will not send you proof of satisfaction. Then ask the clerk if they will file your paperwork in your file.

If the collector has already filed the proof of satisfaction, the clerk probably won't file what you are providing. But it is better to be safe than sorry and try to file your paperwork proving it is paid, since many times the collectors will fail to file the proof of satisfaction.

Filing the written payment agreement, plus if they will cooperate and sign the agreement stating that they will not be reporting the payments, will prove to the courts that there is an agreement in place.

As long as you are making the agreed upon payments the court should not allow the agreement to be broken by them so that they can revise the terms of your agreement or other actions they might wish to take.

Do not make payments using your checking account. Use money orders or cashiers checks purchased at any bank but yours. Keep the money order or cashiers check receipts safely filed away !!!!!!!!!!!

Keep a spreadsheet of your payments and a running total of the balance due.
Check the court papers to see if post judgment interest was allowed. If it was allowed, keep track of the intererst totals on your spreadsheet.
If it was not allowed, then the collector cannot try to make you pay more than what the judgment states you must pay. (sometimes they do try to collect more than what judgments state they are owed)

Cover your butt, do everything in writing and keep files on "everything".

Be sure that the payment plan you are setting up with them is one that you "know" you can keep.
If you miss one payment, or are late in sending it, then you would be voiding the agreement. If that happens they are free to take whatever action they legally can.

Answer 3

you don't have to pay the collection Agency, you can pay
the Original Creditor.

www.creditinfocenter.com