How do I handle a civil suit if a verbal agreement took place and now the plaintiff wants to back out

We had an agreement to settle, they took money via auto deduct. Didn't take last mayment and now wants me to pay balance.

The full balance? Do you have any proof of this agreement?

Was the original agreement in writing? Do you have proof of the payments you made?

I do have proof of the payments, they were auto deducted from my bank account. The last one was taken July 2010 and when they contacted me months later they said the payment was declined. The only problem with that is I have no fees showing the decline on my statement and the bank is not showing the decline. I asked them to provide me with the documentation and they refused. As far as the settlement agreement being in writing I only have the statements showing the agreed upon monthly payment. 283.33 for twelve months, they took 11 months worth of payment.

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Originally Posted by carrie77

The only problem with that is I have no fees showing the decline on my statement and the bank is not showing the decline.

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Hello c:

Stop being coy. I don't care whether the bank says they made the payment or not.. I want to know IF the money was IN your account, AFTER the bank was supposed to pay it. If it was, then they never received your payment... It's that simple. You're not going to tell us that you have sooo much money in there that you didn't notice an extra $283.33.

So, write them a check and be DONE with it...

excon

If you have something that prove you were to pay 283.33 for 12 months, then you should be good.

You don't be a jerk! I balance my check book and therefore that money was not showing available. It wasn't till months later they came back at me with the lawsuit to get additional 3000 more. Don't bother with answering me again. I am fighting this and I will win. Will let you know

If you have paperwork form them showing the agreed upon settlement amount, then what is the verbal agreement you mentioned?

The initial agreement was done by a telephone conversation in which I set up the first payment for them to auto deduct. Followed up by monthly statements, the first statement showed the agreed upon amount.

Well if they are auto deducting for a payment, there will not be any fees involved. It is like getting declined at a point of sale... they just don't do the transaction. If you have no proof to provide that the last payment was made, then you owe them. Furthermore, if they reached an agreement with you and the last payment wasn't made, then you have breached the terms of the settlement and they have a right to sue you to collect for the dull amount that was due, and not just a settlement amount.. You aren't going to win this unless you can prove that you paid off the debt in full, which includes providing proof of the last payment.

Well I thank you for you considerate input, and you are probably right. Everything in writing from now on... and no auto deduction, I will always send in the payment.

Thank you for your considerate answer, you are probably correct. I will however never have payment auto deducted again and will always get in writing before I proceed. Lesson learned.