I am being sued by a collection agency. I received a letter stating that if I did not resolve this matter within 10 days, I will be sued. I talked to them on the last day and offered to pay so much a month until the bill was paid. The guy told me he would call me back and let me know if that was acceptable. He never did. I called back all day and they told me he no longer worked there and someone else told me call back another time and hung up on me. I sent in a fax asking if my agreement was okay and no one still called me back that day. I knew that was the last day to work out this agreement to prevent from being sued and they would not call me. Now I'm being sued. Can they do this? They said it was not resolved and therefor I'm being sued

As long as the debt is not paid, yes, they can sue you. It is not an uncommon practice to come to an agreement and have the creditor sue and collect a Judgment - if you default, they then don't have to worry about the Statute of Limitation.

For whatever reason it would appear that your offer was not acceptable to the creditor.

The correct or incorrect information has nothing to do with your original debt.

You have posted that you are unemployed. The creditor would have this information and may very well have decided that you are unable to pay.

Not saying it's fair but they are under no obligation to reach any agreement with you other than the original agreement under which you got the money/credit card/whatever is involved.

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Originally Posted by JudyKayTee

As long as the debt is not paid, yes, they can sue you. It is not an uncommon practice to come to an agreement and have the creditor sue and collect a Judgment - if you default, they then don't have to worry about the Statute of Limitation.

For whatever reason it would appear that your offer was not acceptable to the creditor.

The correct or incorrect information has nothing to do with your original debt.

You have posted that you are unemployed. The creditor would have this information and may very well have decided that you are unable to pay.

Not saying it's fair but they are under no obligation to reach any agreement with you other than the original agreement under which you got the money/credit card/whatever is involved.

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Thank you so much for your answer. I am willing to pay this debt. I just did not have the settlement they were asking for. But I guess I was trying to avoid be sued and if they didn't accept an offer I wish we could have came up with something they would have accepted that day. But they refused to call me back, and no one is to say that we could have not come up with a reasonal agreement. I was told if we came up with something reasonable they could not sue me according to California law. That is what one of their representatives told me. He said he would call me back and never did. Now this suit is on my credit which we could have prevented it if they would have called me back. I literally called all day and they told me the guy I spoke with no longer worked there, and call another time. I was really upset.