Collection Action After Payment

[minerzlegal]

What is the name of your state? IDAHO
I HAVE BEEN PAYING ON A $849.00 DEBT EVERY MONTH FOR FOUR MONTHS. I HAVE AN AGREEMENT WITH COLLECTION AGENCY AS OF 12/09/2004 THAT THEY ACCEPT PROPOSAL. I NOW HAVE RECEIVED SUMMONS FOR SMALL CLAIMS. ANY THOUGHTS FOR COUNTERSUIT. I AM ALREADY PAYING IT, AND WILL CONTINUE UNTIL IT IS PAID OFF. THEY ACCEPTED IT FOR FOUR MONTHS. I HAVE ALREADY FILED COUNTERSUIT SITEING HARRASSMENT AND CONSUMER PROTECTION ACT CHAPTER 6 (17) ENGAGING IN ANY ACT OR PRACTICE WHICH IS OTHERWISE OR DECEPTIVE TO THE CONSUMER.

 

[ihatearizona]

Is the agreement in writing and signed by the collection agency?

 

[minerzlegal]

Seeking document

I am seeking that document. I have all document of payments including the document that says the creditor has accepted the proposal. I puzzeled that they would show proposal accepted without something in writing. All creditors on this list rather they accepted the proposal or not are accepting payments. If I am not furnished this by the debt counseling service, I will drop them. Not a big debt or a debt I dispute. I think the biggest bite is the fact the bill is getting paid and I have an attorney that wants to line his pockets with $247.00 for doing nothing, but sue me for payment that is already being made. Thanks

 

[Sunruner]

Um, you're paying through a debt counselling group? Are you SURE they are paying this creditor? I've heard of some of the so called "counselling" groups that are not completely honest and do not always pay the way they're supposed to.

Kristina

 

[djohnson]

They may be paying but keep in mind the creditors are under no obligation to abide the services request, even if they accept payments. They can still continue collections against you. Now if they have signed the agreement it may be different, but I do not think they have signed anything or in agreement.

 

[minerzlegal]

Anwer

Yes the Debt Counseling service is paying the bills. I have proof off the Debt Couseling site as well as the bills from the Creditors being paid. This is the first time I have ever used one, but I have only been with them since September of 04. It may be a short lived relationship if they have told me they have an agreement and their is not one.
I do belive that Creditors can still seek a judgement. It will however be interesting to see how the judge rules with payments being made and accepted on a timely basis. My budget will not allow any bigger payments as all of the excess money is going to pay off state and federal taxes. This is just the beginning of the pay off so didn't think all would go smoothly. I have been on both sides of a small claims court, so at least I am ready with all documents. Thanks

 

[karihager1982]

I am also working with a debt management program - and I was told the same thing.

Even though I am making my monthly payments - the creditors still have the right to give you a summons for court.

I was told that if this happens - to show up at the court. You will get a chance to tell your side, and let the judge know that you are making a monthly payment to the creditor.

The judge (usually siding with you, if you show that you are making an effort) will tell you to continue making your payments, increase your payments, or garnish your wages.

I was told that if this ever happened to me - that a majority of the cases are told to continue with their payments. (Which is what you are doing anyways - right?)

 

[minerzlegal]

Absolutely

I have been counseled by some people to take out bankruptcy. We have only $22,000.00 to pay which will take a bit of time, but we have a few things we are liquidating to make this happen asap. We plan to continue with this program and make sure all unsecure creditors are paid, however I have had a few of these small creditors try to add extra charges, but I am keeping an eye on them. I do not want to file bankruptcy unless it is the last step. We will continue the plan. Thanks

 

[djohnson]

I am also working with a debt management program - and I was told the same thing.

Even though I am making my monthly payments - the creditors still have the right to give you a summons for court.

I was told that if this happens - to show up at the court. You will get a chance to tell your side, and let the judge know that you are making a monthly payment to the creditor.

The judge (usually siding with you, if you show that you are making an effort) will tell you to continue making your payments, increase your payments, or garnish your wages.

I was told that if this ever happened to me - that a majority of the cases are told to continue with their payments. (Which is what you are doing anyways - right?)

Just curious who told you this? The agency you are working with? It's not that easy, and there is no guarantees in court. If you originally agreed to different terms and now you are trying to alter them, it's a strike against you to not hold to these terms also. If you are taken to court it is for the original terms. Renegotiating was not a part of the original terms. Don't be fooled to think that you just have to show up. It has gone a different way many many times.

 

[minerzlegal]

Understand Completely

I have all documents that I will need, such as payment, disbursement, budget, and reasoning for this debt counseling instead of just getting a loan and paying things off. I also have about three statutes that I feel pertain to this case. However I am not an attorney and these statutes may be meant the be taken differant than how I am taking them. I figure what's the worse that can happen, they will make me pay it, which was my intention in the first place. The only thing that burns my butt is I have an attorney that is trying to jump on the band wagon and get $247.00 dollars in fees. All payments are being made and in a timely fashion. I guess I am more after the attorney than the bill. I have dealt with a lot of attorneys. Some I took a beating and some I have made to look quite foolish. To me this attorney and his fees are like someone showing up with the check book after the fuel has already been paid for. I have been on both sides of the table in small claims. Judges are pretty reasonable if the evidence is in place.