collector wants paid in full

Date: Fri, 01/29/2010 - 20:03

Submitted by meinindy
on Fri, 01/29/2010 - 20:03

Posts: 61 Credits: [Donate]

Total Replies: 4

Ok, I am back. It's been a few months and I am almost there. Since my last post I have paid off three hospital bills, and one credit card. I am still fighting with two collectors. I started paying all these debts February of 2009, except the one i'm questioning now, and am doing good. :)

Here 's the deal: I went to court on a credit card debt in August 2008. since I didn't know my rights at the time, I agreed to payment arrangements in the amount of $30.00 per month. At first the lawyer refused, so I was smart enough to say ok, then we will let the judge decide. so he took the deal.
Anyway, I have been making the payment every month since Aug. 2008 with no delays. On January 15, I had extra money of $20.00 since I now had one debt gone and was using that to send extra to this lawyer. (by the way, he is debt buying lawyer) so I sent him $50.00.
Today I get home and had a letter from him that goes as follows.....

This communication is from a debt collector and is an attempt to collect a debt. Any infornation will be used for that purpose.

re: Debt collector
case #xxxxxxxxxxxx
Dear ______,

Thank you for your recent payment of $50.00 for the above referenced account. Please note there is a balance due of which you may not be aware in the amount of $xxx.xx. This balance is comprised of court cost and if judgement was rendered, interest which has accrued on the judgement amount.
Please remit your final payment in the amount of $xxx.xx so I may close your case. For your added convenience, payment can be made with major credit card or by electronic account debit as well as money order.
Thank you for your prompt response to this matter.

I dont' have the full amount to pay this jerk off (no pun there) and like I said, I have never missed a payment since the court date in August 2008. What gives here?

Any advise would be greatly appreciated.

/thanks

first, do you have anything in writing that shows the agreement

first, do you have anything in writing that shows the agreement that you made with them for the $30 a month? If so, then youre home free on this one. If you have such a written document, all I would do is send them a certified letter stating that they made an agreement, and that as such they are legally bound to that agreement. Include a copy of this agreement, and also I would request at this time that they provide a full accounting of this account, showing all payments credited to the balance as you made them. At this time I would gather up proof of all the payments you made, and keep this evidence aside in case you need to prove that they were cashed. For all you know, they could respond by saying you never made any of the payments! You just want to make sure you have all the bases covered on this. If you do not have a copy of the written agreement, a call to the court clerk's office should help you out there.

If there was no written agreement, then youre really at their mercy as to what they ask for. The trick is to prove that they agreed to these payment arrangements. If you can prove that, then you can go to them and tell them to back off, or you may consider legal action for breach of contract against them.

lrhall41

Submitted by skydivr7673 on Fri, 01/29/2010 - 21:42

( Posts: 2036 | Credits: )

i would first call. that sounds like a form letter. it might s

i would first call. that sounds like a form letter. it might simply have been sent in error. happened to me once - i asked for a balance in them middle of a payment arrangement and the letter they sent demanded the full amount. they said it was a form letter and the intention was just to show a balance. essentially it was an error that it demanded full payment as i was on arrangements. so give em a call!

lrhall41

Submitted by on Sat, 01/30/2010 - 06:08

( Posts: | Credits: )

[QUOTE=meinindy;522476]This communication is from a debt collect

[QUOTE=meinindy;522476]This communication is from a debt collector and is an attempt to collect a debt. Any infornation will be used for that purpose.

re: Debt collector
case #xxxxxxxxxxxx
Dear ______,

Thank you for your recent payment of $50.00 for the above referenced account. Please note there is a balance due of which you may not be aware in the amount of $xxx.xx. This balance is comprised of court cost and if judgement was rendered, interest which has accrued on the judgement amount.
Please remit your final payment in the amount of $xxx.xx so I may close your case. For your added convenience, payment can be made with major credit card or by electronic account debit as well as money order.
Thank you for your prompt response to this matter.[/QUOTE]

Send them a letter, inquiring about this new balance, and requesting a full explanation. Was a judgement rendered against you? If not, and they're claiming interest on one, you should be able to dodge that. Do you have a copy of the payment agreement you signed when you went to court? That should have all of the particulars on it. If you don't have a copy, you may be able to dig one up through the court clerk's office.

lrhall41

Submitted by unclewulf on Sat, 01/30/2010 - 09:17

( Posts: 3172 | Credits: )

Thanks to all of you for your help. I will call them and send a

Thanks to all of you for your help. I will call them and send a letter to remind them of the agreement.
Unc, yes we did go to court, but made a payment agreement so we didn't go before the judge. the agreement was $30.00 per month with 8% interest.

lrhall41

Submitted by meinindy on Mon, 02/01/2010 - 09:34

( Posts: 61 | Credits: )