• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can they send me to collections when they're accepting payments from me?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ty0604

Member
I was renting an apartment in Pullman, Washington when I was in an accident earlier this year. The accident forced me to move elsewhere and I was left with an outstanding bill with my former apartment complex, to the tune of $1424.00. We set up a payment plan and they agreed not to send it to collections. After sending in a few payments, taking off my LMR and my deposit, I now owe $842.00. I'm paying as much as I can to them, which right now is only $25.00 a month until I get back on my feet again. Originally we agreed on $100.00 a month but that's impossible for me to do. They continued to accept the $25.00 a month until today, when they told me that I needed to begin paying more or they'd send me to collections.

My question is this: If they're accepting payments from me, can they, at any time, change their mind and send it to collection? I thought there was some law saying if they accepted payment from me, no matter the amount, they couldn't send it to collection.

I should make it clear that the $100.00 a month agreement was verbally only and we never signed a contract saying as much. When I began sending them $25.00 a month they were fine with it and understood my situation. I would pay more if I could but even $25.00 a month is taking money out of my slim food budget.

The lease has ended and the $842.00 that I currently owe is the final amount. :confused:
 


Proserpina

Senior Member
I was renting an apartment in Pullman, Washington when I was in an accident earlier this year. The accident forced me to move elsewhere and I was left with an outstanding bill with my former apartment complex, to the tune of $1424.00. We set up a payment plan and they agreed not to send it to collections. After sending in a few payments, taking off my LMR and my deposit, I now owe $842.00. I'm paying as much as I can to them, which right now is only $25.00 a month until I get back on my feet again. Originally we agreed on $100.00 a month but that's impossible for me to do. They continued to accept the $25.00 a month until today, when they told me that I needed to begin paying more or they'd send me to collections.

My question is this: If they're accepting payments from me, can they, at any time, change their mind and send it to collection? I thought there was some law saying if they accepted payment from me, no matter the amount, they couldn't send it to collection.

I should make it clear that the $100.00 a month agreement was verbally only and we never signed a contract saying as much. When I began sending them $25.00 a month they were fine with it and understood my situation. I would pay more if I could but even $25.00 a month is taking money out of my slim food budget.

The lease has ended and the $842.00 that I currently owe is the final amount. :confused:


You are mistaken.

You agreed to a plan, and broke the terms of the plan.

They are fully within their rights to send the debt to collections.
 

Ty0604

Member
The only thing I agreed to was to make payments. They agreed to lower my payments from $100 to $25 so therefore I haven't broken any terms. Please see the copied email below for clarification.

FROM: Ty XXXXXX
DATE: Mar 03, 2012
TO: XXXXX Property Management
SUBJECT: Providence Court Apt GXXX

Lynette,
Hey. I was wondering if we could change my payment plan for the time being? I originally agreed to $100 a month but after figuring out current bills, I'm really only able to afford $25 a month right now. This should change this summer when I get back into school but I can't say for sure. Please let me know if this is okay :)

-Ty

FROM: Lynette XXXXXX
DATE: Mar 05, 2012
TO: Ty XXXXXX
SUBJECT: RE: Providence Court Apt GXXX

Ty-
As long as you continue to make payments, we won't send your bill to collection. Please send a payment before the 5th of every month to avoid having this bill sent to collection. Your bill will be much less in May when we take your deposit and LMR off the bill. The new tenants will be taking the apartment as is so you will receive your full deposit ($200) back, which will be taken off the bill.

Thank you,

Lynette

Lynette XXXXXX
Providence Court Apartments
XXX NE Providence Court
Pullman, Washington 99163
In association with Washington State University Student Housing
 

Proserpina

Senior Member
The only thing I agreed to was to make payments. They agreed to lower my payments from $100 to $25 so therefore I haven't broken any terms. Please see the copied email below for clarification.

FROM: Ty XXXXXX
DATE: Mar 03, 2012
TO: XXXXX Property Management
SUBJECT: Providence Court Apt GXXX

Lynette,
Hey. I was wondering if we could change my payment plan for the time being? I originally agreed to $100 a month but after figuring out current bills, I'm really only able to afford $25 a month right now. This should change this summer when I get back into school but I can't say for sure. Please let me know if this is okay :)

-Ty

FROM: Lynette XXXXXX
DATE: Mar 05, 2012
TO: Ty XXXXXX
SUBJECT: RE: Providence Court Apt GXXX

Ty-
As long as you continue to make payments, we won't send your bill to collection. Please send a payment before the 5th of every month to avoid having this bill sent to collection. Your bill will be much less in May when we take your deposit and LMR off the bill. The new tenants will be taking the apartment as is so you will receive your full deposit ($200) back, which will be taken off the bill.

Thank you,

Lynette

Lynette XXXXXX
Providence Court Apartments
XXX NE Providence Court
Pullman, Washington 99163
In association with Washington State University Student Housing


The bottom line is, there is no law preventing them from sending the debt to collections - even if you're making payments.
 

Ty0604

Member
Gail,
No. I haven't missed any payment deadlines. In fact this month I was able to afford a little more so I sent them two $25 checks, one on 05/02 and another that went out in the mail today 05/14.

Ty
 

Searchertwin

Senior Member
I'm really only able to afford $25 a month right now. This should change this summer when I get back into school but I can't say for sure. Please let me know if this is okay
-Ty
FROM: Lynette XXXXXX

Ty-
As long as you continue to make payments, we won't send your bill to collection. Please send a payment before the 5th of every month to avoid having this bill sent to collection.
You can go both ways with this one.

1) You stated the amount waiting for a reply
The reply sent was for you to continue making payments
You are assuming they that agreed to the $25.00. They did not.

2) You stated the amount waiting for a reply
The reply sent was for you to continue making payments.
They are referring to the amount on the contract.

You really need for them to write the amount so there will be meeting of the minds.

Send email and have them say they agree to the $25.00.
 

Ty0604

Member
In other emails between Lynette and I, she agreed to accept $25 a month until I could afford to pay more. I told her this would occur in June at the earliest to which she replied, "That's fine, as long as you keep making monthly payments of at least $25 it will avoid you getting sent to collections." This, to me, sounded like they accepted it.

Correct me if I am wrong.
 

Searchertwin

Senior Member
In other emails between Lynette and I, she agreed to accept $25 a month until I could afford to pay more. I told her this would occur in June at the earliest to which she replied, "That's fine, as long as you keep making monthly payments of at least $25 it will avoid you getting sent to collections." This, to me, sounded like they accepted it.

Correct me if I am wrong.
Than as along as you make $25.00, they agreed to the payment and you can hold them to it. UNTIL you pay less, or miss a payment.

Keep that email and all emails related to the subject.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top