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question re: being taken to court by debt collector even though already making paymen

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elwen71

Junior Member
What is the name of your state (only U.S. law)?

MA

I had made payment arrangements with one debt collection agency for $25/mo (the total amount owed is about $1700 with interest still accruing). They were going to take me to court because they weren't satisfied with $25, so I said that is all I could pay. After about 1 week, they called me back and agreed to this amount. After several months of making payments, my account was transferred to another collection agency. I still had a pending future court date (about 2 weeks away) probably to insure that I made my payments. I called the new collection agency and left many messages with a secretary to find out if I still had to go. I never heard from them, but right before the court date I received paperwork from the court stating that this new collection agency had taken over. I kept making my $25 payments for several months. About a week ago, I received a court summons form 9/26/08 and I called the agency to find out why. They stated that $25 wasn't enough and that they could not accept anything less than $100/mo. I explained that if I had the money I would pay that amount but I am not financially able to afford that at this time. The again stated that only $100/mo would be satisfactory and I still had to go to court. What will happen when I go to court? Will the judge make me pay more or keep it as is since I am making the $25 payments as previously agreed to with the first collection agency?
 
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Ladynred

Senior Member
What will happen ? They'll probably win their judgment against you, and that will allow them to garnish your wages - and that will be more than $25/mo.

At $25/month you aren't even covering the interest that's accruing and it will take a whopping 68 months to pay off that debt. That's almost SIX YEARS ! Do you really think they'll wait 6 years to get paid ?? Not only that, the debt will continue to grow as they tack on endless interest. If they win a judgment against you, that will also accrue statutory interest AND the amount will be higher because it will include court costs and attorney's fees.
 

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