With regard to my previous post, even though I am making regular monthly payments, can the agency still take further actions against me?
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With regard to my previous post, even though I am making regular monthly payments, can the agency still take further actions against me?
A debt placed with a collection agency is a debt in default. It is due and payable in full on demand. Even if you are paying on the debt, the collection agency could take you to court for the remainder of the debt.
Most debts placed with collection agencies are less than $10000.00. This means that legal actions are in Small Claims Court. If you are sued in SCC, you can file a defence that you owe the money in amount equal to your voluntary payments (if the are fair and equitable). So you end up paying what you pay now with about $200.00 in court costs. Under these circumstances, the threat of legal action against someone who is making voluntary payments is more bark than bite.
The best way to deal with a collection agency is to pay what you can afford and deal with the consequences. Tell the agency what you can afford and when and if that is not good enough see them in court. Just keep paying.
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