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Can I sue a collection agency for changing the terms of the agreement

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linuxisforme

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

Last year I received a letter from a collection agency and spoke to a representative about the debt. I informed them of what I owed and I didn't feel I owed more.
They explained to me that the current balance was stated in a letter I had received and that I needed to start making payments immediately.
Each month they take out funds from my account and only in the last few months have I received correspondence from them showing the balance.

It's several thousands of dollars more than the agreement and I want to know if this constitutes a breach and can I get the entire agreement removed or reduced.

I'm sure I'll have to pay attorneys fees, but I figure if they breached the deal then maybe it's worth it.
 


justalayman

Senior Member
if they took more than they were supposed to, you can sue for that but you are not going to get the entire debt voided because of this.
 

TigerD

Senior Member
Last year I received a letter from a collection agency and spoke to a representative about the debt. I informed them of what I owed and I didn't feel I owed more.
Your feelings don't count.

They explained to me that the current balance was stated in a letter I had received and that I needed to start making payments immediately.
Each month they take out funds from my account and only in the last few months have I received correspondence from them showing the balance.
Okay, you are saw the light and started making payments on your debt.

It's several thousands of dollars more than the agreement and I want to know if this constitutes a breach and can I get the entire agreement removed or reduced.
What agreement? You never said there was an agreement. You stated the collector told you you needed to start making payments and you did.

I'm sure I'll have to pay attorneys fees, but I figure if they breached the deal then maybe it's worth it.
Here's what the bullcrap meter is pointing to:
You don't feel you need to pay your entire debt. You are still upset that the balance hasn't changed and you are being required to pay the money you owe.

You hint at a settlement arrangement, but don't outright say it because that settlement never happened.

Cut the crap.

If you want actual help understanding what is going on - drop the crap and just be honest with us and give us the whole story.

DC
 

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