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tslone88 · Jun 2, 2008, 04:47 PM

I have been paying a collection company for 6 months on an agreed amount and today they called and ask for half of the debt or they would take us to court I have been paying the money on time every month if they take me to court they will not get anymore than they are receiving right now, I don't know what to do.

Credendovidis · Jun 2, 2008, 04:53 PM

Dear tslone88

Get real legal advice. If you can't afford a lawyer : go to the nearest university - legal department, and ask there for help. Normally it's free there !

Success !

Fr_Chuck · Jun 2, 2008, 05:02 PM

If you have a written agreement, merely remind them of that agreement, if they take you to court, merely present your written agreement and ask for the case to be dismissed.

If you did not get the agreement in writing, then they are wanting to change the deal. And you have to go back and renegotiate with them.

Justice Matters · Jun 2, 2008, 05:02 PM

This advice may be too late but it is always best to get such arrangements in writing.

You can, of course, try to argue that there was a verbal agreement to settle the debt and your payments and their acceptance constitute confirmation of same.

You may also want to file a complaint with your state/provincial government about the collection agencies behaviour.

JudyKayTee · Jun 2, 2008, 05:46 PM

Originally Posted by Fr_Chuck

If you have a written agreement, merely remind them of that agreement, if they take you to court, merely present your written agreement and ask for the case to be dismissed.

if you did not get the agreement in writing, then they are wanting to change the deal. and you have to go back and renegotiate with them.

FrChuck is right - if it's a written agreement, continue to make payments according to your agreement (they have accepted the payments that acknowledges their acceptance of the agreement). If they take action against you take your cancelled checks and the agreement to Court.

If the agreement is not in writing they unfortunately can change the terms if they want to - so you would have to go to Court, explain your side of things and see what happens.

The creditor does not have to work with you - they CAN get a Judgment and collect any legal way possible.

I never know why a creditor takes this posture but they often do - seems pointless to me and ends up costing them more money.