[jskanode]

After moving out of an apartment, I received a bill for $736.64 to replace some carpet due to "excessive pet urine". The letter/statement said to contact them to discuss arrangements. If not paid in full within 30 days it would be sent to collections. I sent them a check for $100.00,and a letter saying I would sent them a $100.00 a month to pay the bill. They cashed the check, and just under a month later I sent them a check for a $100.00 as stated in my letter to them. They returned my check and turned the balance over to collections, saying that was because I had not paid in full within 30 days.

I was contacted by an collection service before I had even sent my second payment demanding payment in full. After my second payment, a second service was mentioned in their letter as to who would be handling the account.

If they accepted my first payment, isn't that an agreement to my $100.00 a month offer? I also read that by refusing my second payment that there is discharge to the extent of the amount tendered. What do you suggest, what should I do?

[joypulv]

Refusing your payment after it had gone to collections does not void the amount owed. You now owe what the collection company can demand by law, which includes fees and interest. Not sure where you get the idea that your notice that you would pay $100/mo would stand. They hold the cards. (I as a landlord would have accepted $100/mo, but for some reason they didn't.)

[Alty]

Just accepting your first $100 does not mean they agreed to your terms. You were told in writing what was owed, how long you had to pay it, and what would happen if you didn't pay it in the amount of time allotted.

Unless you have a letter from them accepting your monthly payment plan, you have no recourse to demand they accept it.

Paying the $100 does mean that you accept the amount owed, and acknowledge that you owe it.

I would talk to the collection agency, try to set up a payment plan with them. But this time you have to get them to agree. You can't just state the terms you're comfortable with and expect them to agree to them. You need to get it in writing.

[Fr_Chuck]

You payment, merely shows you agree you owe the amount. They did not sign an agreement to accept this payment.. And many business do turn over payment plans to collections... it makes their paper work easier.

Just set up payment plan with collections

[ScottGem]

Since they did gave you 30 days and did not indicate acceptance of your payment plan, when the 30 days expired, they turned it over to collections.

I also read that by refusing my second payment that there is discharge to the extent of the amount tendered.

Where did you read that?

[jskanode]

Check ARTICLE 3- UNIFORM COMMERCIAL CODE-DISCHARGE AND PAYMENT

03. TENDER OF PAYMENT
Section (b)... the tender is refused, there is discharge, to the extent of amount of the tender, of obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

[ScottGem]

Can you post a link to where you found it. We need to see the context to see if it applies (which I doubt).