Collection Agency hassle

What is the name of your state? my state is Pennsylvania.

my question regards a collection agency. i have been ill (i.e. hospitalized) and i am with a debt couseling organization paying my back-owed bills. this collection agency out of massachusetts has contacted me about an account that was placed with them and they wanted me to pay $262 for a $488 bill over 2 months. i can't pay that, that is why i'm on debt counseling. i asked them to add the debt from the original client to the bill which was already being paid to their client. they said they will not accept debt couseling payments and wanted paid in full. they called me at work and also noted that they were going to mark this refusal to pay, but that's not true because i asked them if we could place it on the debt counseling bill. my question is two-part: can they contact me at work and also if i send them even a $10 payment every month, can they refuse it and say that i have refused to pay the bill? please help.

Yes they can call you at work until you tell them not to, do that in writing. As far as the refusal, what type of account. Are we talking and open account or check? Keep in mind if they have your work # then there is a good possiblility this could go as far a judgement. As a collector, having someone's place of employment (POE) is like gold. If they refuse my offer I know I can pursue a judgement and garnish their wages which for a collector is nice because they are on-time payments made regularly and there isnt much of anything you can do about it.

This is in response to jj_spliff.

The account is closed. I don't understand your question..According to the person I talked to, they will not accept payments from the debt agency, therefore since I said I couldn't pay the $262 dollars today, she marked the account refusal to pay. The account is cancelled, but there is an outstanding debt on it. Hopefully that's what you wanted to know....can the collection agency actually refuse my payment even if I send them $10 or something every month? I don't think that shows refusal to pay...I think that shows an effort. please help. thanks.

[bigun]

There is no place on a credit report for the notation "refusal to pay". That's just some B.S. to try and sound offical. However, they do not have to accept $10/month as a payment either. Or, they can cash your $10 checks and still pursue collection activity.

The reason they can refuse the payment is that if they agree to a payment plan, especially a low one, they arent SUPPOSED to take any further action unless that agreement is broken. So $10 doesnt quite pay the bills for them the way they see it even though thats all you may be able to afford at this time.

[JETX]

Sorry, but JJSpiff is just another example of people posting his PERSONAL OPINION to this forum without ANY basis in law. He said, "As a collector, having someone's place of employment (POE) is like gold. If they refuse my offer I know I can pursue a judgement and garnish their wages which for a collector is nice because they are on-time payments made regularly and there isnt much of anything you can do about it."
Problem is.... PA has the following wage exemptions:
"100% of wages, certain pensions, retirement accounts & Keogh plan under certain circumstances, and $300."

So, lets answer LadyGen's questions with FACTS:
Q1) "can they contact me at work"
A1) Yes. They can contact you at work. However, when JSpiff is wrong again when he said "Yes they can call you at work until you tell them not to, do that in writing." There is NO requirement that this notice be in writing. In fact, here is what the FDCPA (Fair Debt Collection Practices Act) says:
"§ 805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication."

Q2) "and also if i send them even a $10 payment every month, can they refuse it and say that i have refused to pay the bill?"
A2) Yes. It is a common misconception that "I am paying them SOMETHING, so they can't do any further collection efforts". They can... and do. So, contact the creditor (not the scum-bag, bottom-feeding debt collector) and try to negotiate a settlement. If they refuse, then at least try to confirm that your making payments will go toward the balance (and not get eaten up in continuing interest payments). If it goes to principle only, keep paying what you can and hope that the creditor doesn't decide to get aggressive. (Due to the costs involved in prosecuting a lawsuit to collect, the creditor will often just accept your payments.... after all, something is better than nothing.)


Finally, to Spiffy...... if this is an example of your 'knowledge' as a collector as you claim... it is pretty disappointing.