being payment agreed in writing to a collection agency they keep calling and stating they are going to file a lawsuit, what can i do, they offer a settlement which i cannot afford
199962
Wow, sounds like a pickle.  First off have you confronted them on the issue of the contractual statement you both signed and agreed upon?? You need to confront them firmly on that and ask them if they themselves are breaking the contract.  Act like a lawyer and get tough.  You have your rights and as long as you are paying the agreed amount within the time limit given, you are should be legally safe.  Whether or not they are a legit agency that plays by the rules is another story.  \nTry contacting some government agencies regarding rights and commerce.  Try the phone book, online and through the library.  Even try the ACLU and ask them if they can refer to you the proper support network and then get some support.  Every large town should have a group that does free or low cost legal advice as well as representation.  Try those!  \n\nAlso, ask them why they are doing this beyond collecting the alloted amount that you are legally expected to pay.  Question them, challenge them...call them on the spot about what they are doing.  If they insist, tell them you are seeking legal counsel to see if what they are doing is legal?  \n\nJust get tenacious and find out from every free source what you need to, to protect yourself.  You have rights, remember that!
376509
go to a debt management company who will offer them a part settlement or they get nothin. they will soon take that option
343236
They can demand full payment of the bill.  Just because you are paying some money each month does not stop them from filing suit for the balance.  To stop a suit, you would need a payment plan that you both agree to, and that means they can set the amount of money you pay each month.  Without any agreement, they can sue you at any time for the balance.
599009
To begin with, never NEVER believe a collection agent.  When they tell you they will notify a credit bureau about your payment, there is NO GUARANTEE the will do so. \n\nWhat you need is for the collection agency to send you IN WRITING an agreement that once you have paid your bill, they will remove any negative information from your report.\n\nThe problem is we are now dealing with other countries, and other laws.  I don't have a clue what laws Irland has concerning credit reporting (they may not even have any!), so without any legal backing that letter can be next to worthless.  \n\nSo before you procede, you need to research the credit reporting laws and see what sort of protections you have.   Otherwise, you are working solely on the work of the creditor, which is not a bright idea.
173219
You still owe them the funds, irrespective of it being their mistake. They cannot penilize you for it i.e: charge intertest that you would not have paid, or make additional money on the deal. However as they have inconvienced you, they should allow you to settle the debt in a manner that you have been doing without additional fees.\n\nYou may be entitled to compensation for damages if for example you had already budgetted for another item. In that case a lawyer would be the person to handle that.
80710
They will be happy to get whatever you are willing to give them.  Suing people costs money, if they can avoid it they will.\n\nI would call and arrange a payment schedule with them.  Then, you can stop worrying about it and they will know that they can expect a repayment.\n\nDo it soon, I am sure this is KILLING your credit!
452391
afraid not..\nif you owe and someone (agency) has filed claim...
392053
If you are trying to say the the collection agency is trying to collect on checks that were written by the thief, send a written statement to the agency, return receipt requested, informing them that you dispute the debt, that the checks do not bear your signature and that you believe they have no cause to seek payment from you.  Let them know that the checks were signed by the thief who went to prison for that offese. They should then try to verify the existence of the debt and should leave you alone.  On the other hand, if the debts are unrelated to the checks, you should probably do nothing because the statute of limitations has probably expired and any contact may revive the debt.  In that case, if they sue you, you will need to assert the statute of limitations as a defense and for that you will need an attorney.
616435
he'll probably send your bill to a collection agency then if you don't pay yes, he can sue you.\njust pay the bill-even if you pay in payments.
318381
Yes, they can do something to you.  Kiss your A**!\n\nLOL!  \n\nMr. Collection Agent gets about 30% of the money they collect.   By paying the original creditor you just cheated them of their money.  Whether they get anything will depend on the agreement they have with the creditor. \n\nDon't sweat it, they can't touch you, they can't place anything on your credit report.  If they do, you have an excellent lawsuit against them, and you can win $1000.
308184
Almost all the info you have here is not correct.  Collections agencies do not buy accounts, they work on a contingent basis.\n\nSome of the info is right.  Once the account is assigned to a 3rd party the original creditor does not have the ability to negotiate any longer  \n\nYou must deal with the collection agency.\n\nHere are some hints.\n\nDo not tell the collector that you are trying to buy something on credit (ie a house or car) and you need this to be paid.  This take away your leverage as they now know that you HAVE to pay it and they don't have to take a settlement.\n\nSimply tell them that you are trying to make good on your past mistakes and take care of your responsibilities.\n\nMost agencies will take a settlement offer, start low and they will counter, don't play too much or it will irritate them and then may just say "forget it, pay it all."\n\nGood luck!!
493520
Hi, \n\nIs your wife being sued? Or are there just threats of a law suite. If you were being sued, you would have already received a summons to appear in court, which sounds like you have none.\n\nIf you indeed wind up going to court, you can petition the court for a settlement for Penny's on the dollar. Capitol One will try and get the whole amount and make you believe you have to pay the entire amount, but what they want and what they get are two different matters. \n\nI had an overdue account with Capitol One years ago, and they tried the same scare tactics and wanted the whole amount, I told them point blank, either accept my settlement terms, or you can go to H e - - and kiss my A - -. They wound up writing it off.  Stand up to them, there is no such thing as debtor prison, and it is nothing more than scare tactics. \n\nAfter 7 years, the smear on your credit record must by law, be removed completely. \n\nFrom the way it sounds, I would proceed immediately with filing bankruptcy. There is always a way to work out the filing fee. \n\nGood Luck, and don't take any crap from Cap 1. \n\nDarryl S.
652540
I have worked for several collection agencies and when the sherriff comes with the subpeona it was sent by the pre-legal dept. all that is is a dept that tries to decide whether it is worth it to sue. i.e do u have a job? can they garnish? do u have a car worth anything? do u own ur home? lots of things because for the most part it would cost too much in legal fees to sue and not worth it but if your friend has assets that can have a lien put on them or wages that can be garnished it would be in their best interest to try to work out a pyment plan.
672779
I agree with spade_2nite, something doesn't sound right if they are contacting you for payment - if they had recieved a judgment.\n\n\nContact your county court clerk and ask if there is a judgment or a suit filed in your name. (You can also go to the clerks office and request to see your file.)\n\nIf there is no judgment or pending suit filed, that company is violating your rights. If that is the case - speak with an attorney immediately!!!\n \nIf there is a judgment filed and you had been properly served, check your state statutes for the exemptions in your state.\nFor example -  exemptions "may" mean that they cannot garnish your wages, take your car, take funds from your bank account etc. It all depends on "your" states exemption laws. \n\nAfter you check with your county court clerk and find that there is or is not a judgment against you, it may be best to speak with an attorney. There are many attorneys that will give a free first consult   \n\nAlso, I would suggest purchasing a tape recorder and the next time they call, tell them that you are recording the call. Some states allow you to tape without informing the other party that you are taping, you would have to check your state laws on that. But, if you cannot find your states laws on taping, then be sure to inform them you are taping when they call.  \n\nTell them that recieving phone calls at your home and place of employment is inconvenient for you and that you are requesting they contact you by the U.S. postal service only - be sure to have that on tape. By law, if you tell them to cease calling - they are "required" to stop calling.\n\nIf there is a judgment against you, filing for bankruptcy may not be the wisest thing to do - depending on the dollar amount of the judgment and your other debts. \n\n\nI have included a link so you can check your states rules of service
86427
I usually pity people that find work with collection agencies.  I had a boob from a collection agency telling  me that she was a lawyer, she was lying.  \n\nTry and pay the company that you got into debt with something...$5 a month say?  Do not pay the collection agency anything.  Nothing.
436977
Lets start with discussing what a junk buyer does.  They gamble.  They are betting that for $100 they can collect $5000 from you.  Not bad for a Vegas bet.  So why would you expect them to accept $100?  That's an even money bet for them and they will obviously refuse it.\n\nIf you have any intention of negotiating a settlement, you better aim at 50% and go up from there.\n\nNow about the lawsuit.  Be aware that if you actually owe them this money, and you do sue them, they will definately countersue you.  Why not?  They have you in court and will probably win.  The best you can hope for is to win your lawsuit, win $1000, and apply that to their debt.  Sorry, facts are facts.\n\nEven worse, a smart lawyer may counter-sue you because of a frivilous lawsuit.  Be sure you have a good basis for a lawsuit before you start playing games with them.\n\n\nSo how do you file?  You need the following:\n\n1) A certified dispute letter to the credit repair agency.\n\n2) A certified letter to the creditor/collection agency demanding validation of the debt.\n\n3) A second certified letter with your intent to file a lawsuit if they do not validate the debt.\n\nIf you have this, you can now prove that they failed to follow the Fair Debt Collections Act and you can proceed with a lawsuit.  See the link below for some guidance.  But you need to search for your states court rules regarding small claims court. \n\nMany states have brochures and forms available on-line.  You must follow the filing rules exactly.
15407
Agree to pay what you charged and tell her to keep telling him you did it with out her permission and wish them the best of luck. If you are charged, deny it and pay what you owe. Now that is not so hard...is it?