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Collection agency will NOT give payment option

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what can i do when collections agencies actually 4 will not accept payment plans and say if I dont pay in full they will have to pursue furthur. I have already received a summons of notice from my local court, I am in new york. I cant afford a lawyer and dont want to go to jail...dont know what to do

Welcome to the Community :D Do you mean you were served a summons for a court date and suit? Did they serve it at your home?

Can you tell us what state you are in, and what company you are dealing with? The first thing you should do is, answer the summons in the time that they give you.

Do you know for sure that you owe the debt and these people are legally holding and able to collect on it?

Sorry for all the questions, but these will help give you a direction to go.

Answer the summons, and be sure to go to court on the date, or they will get a default judgement against you. The judge will set up payments-be sure and take papers showing all your living expenses, etc., with you. Also, some states, you can file a hardship, and they will work with you(in court) on payments..Good Luck..Keep us posted..Karen

Sub: #1 posted on Wed, 09/12/2007 - 16:13

Bossy4455 Bossy4455
(Posts: 5854 | Credits: )

Your most important move at this point is ANSWER THE SUMMONS AND NOT TO MISS THE COURT DATE! If you do not show up, the judge will have no choice but to enter a default judgement against you in favor of the creditor, which can lead to garnishment of your wages.

Sub: #2 posted on Wed, 09/12/2007 - 16:22

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they tried to hand deliver the summons but noone was home so it was sent regular mail. it is not for a date but to respond. the company is Cohen & Slomowitz atternies in Woodbury NY.. when i called it stated that this was an attempt to collect debt. It is my debt but they will not accept any payment options and i can not afford to pay in full or even settle..

Sub: #3 posted on Wed, 09/12/2007 - 16:31

inway2muchdebt inway2muchdebt

(Posts: 12 | Credits: )

collection agencies are not required to accept payment plans from you. When an account defaults balance is due in full.

Make sure you answer your summons. You won't go to jail by missing or showing up for your court date. There is no debtor jail.

Sub: #4 posted on Wed, 09/12/2007 - 16:49

(Posts: 1950 | Credits: )

Have you contacted the court to validate the summons? No date on the summons?

Sub: #5 posted on Thu, 09/13/2007 - 04:53

volleyballmom volleyballmom

(Posts: 4143 | Credits: )

No matter what, you can????????t go to jail. If they told you that, they were lying. Call your court and make sure that is a real summons because many unethical CA????????s will try to fake you out by intimidating you into paying.

Sub: #6 posted on Thu, 09/13/2007 - 05:16

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

I never thought that the summons could not be real. I am going to call my local court tomorrow I wonder if they will verify it over the phone. things always seem to come all at once I got about 19 calls today from another collector NES national enterprise and of course everyone wants their money in full... dont know what im going to do

Sub: #7 posted on Thu, 09/13/2007 - 16:03

inway2muchdebt inway2muchdebt

(Posts: 12 | Credits: )

Depending on the debt type and amount, an agency will not sue if you are making some type of payment each month. Where most go wrong is they never pay anything at all - just promise to do so and never do.

If you send them money and they return it too you as a refusal, you have even more to stand on in court. Most likely they will apply the money. They know that if it is truly the best you can do, they will get no more than that even if they went to court. But you have to start paying them something.

Sub: #8 posted on Thu, 09/13/2007 - 16:03

daveb1092000 daveb1092000

(Posts: 16 | Credits: )

I was thinking of just sending each i owe something to show that i was tryng to pay it down, but i have read that if you dont pay what they require they can apply what you send as fees and nothing will go towards what they say you much as i want to pay down the debt i dont want to waste money if i send 100 or 200 i dont want that to be lost to fees

Sub: #9 posted on Thu, 09/13/2007 - 16:07

inway2muchdebt inway2muchdebt

(Posts: 12 | Credits: )

That truely depends on what type of debt it is. If it is a credit card that hasn't charged off and is still recieving fee's then yes, you do pay the fee's first before paying on the principal.

Sub: #10 posted on Thu, 09/13/2007 - 16:25

(Posts: 1950 | Credits: )

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