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Can a collection agency sue me as long as I am making payments?

I had a credit card bill go into collections. I have a job now so I wanted to start making payments. They want me to make $300 payments each month. I can only afford $100 monthly payments right now. If I am making payments, can they sue me?

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Asked by Anonymous at 6:38 PM on Mar. 5, 2011 in Money & Work

Answers (18)
  • No they can't . And don't let their fake ass court papers they mail you scare you either. Just pay what you can. Those guys are bullies. They get paid to get the most cashola out of you. Unless someone knocks on your door and serves you papers(highly unlikely) just do your thing!

    Answer by Musicmom80 at 6:41 PM on Mar. 5, 2011

  • Most legitimate collection agencies will let you make payments in the amount you can afford. Just say no to them and stand your ground on what you can afford.

    Answer by meooma at 6:41 PM on Mar. 5, 2011

  • It depends on the company. My sil stopped making mortgage payments to try to further her chances of being chosen for a certain loan. (someone obvi misinformed her to do so) Her home will be in forclosure if she cannot come up with the FULL amount. Payments are not accepted in this case but Im not sure how credit cards work. id def talk to the company that you are worried about a lawsuit with. You have every right to know all of the information. GL!!

    Answer by Steph319 at 6:46 PM on Mar. 5, 2011

  • And if you do not compy with them then they WILL put a lean on your bank account. It happened to DH a few years ago. He owed a collection company and when he didnt pay they put a lean on his account. The lean was only lifted when they received every cent.

    Answer by Steph319 at 6:48 PM on Mar. 5, 2011

  • make sure you keep record of all those payments!

    Answer by samurai_chica at 6:57 PM on Mar. 5, 2011

  • No they can't, your showing good faith to repay what you owe.

    Answer by older at 7:03 PM on Mar. 5, 2011

  • Foreclsure and Mortgage payments are TOTALLY different than a credit card. That's like comparing apples and oranges.

    Answer by Musicmom80 at 7:04 PM on Mar. 5, 2011

  • Depends on if you have a mutually agreed upon repayment plan with the collection agency. If you do and you aren't making the agreed upon payments, yes they can so you. If you have not, I'm not real sure to be honest.

    The best way to deal with collections agencies to work with them and establish a repayment plan that is agreed upon by both parties. Contacting them in advance if you are unable to make a payment or have to make a lower payment (usually at least a full business week in advance) and contact them in advance if you are able to make a larger payment that month.

    Do whatever you can to avoid being sued. When you are sued, not only will you get tagged for the original debt, the suit will include: collections fees, filing fees, and attorney fees. A $500 debt, can quickly become thousands of dollars. When sued many states have arbitration instead of an actual hearing. Which is in most cases in favor of the creditor.

    Answer by pixie_trix at 7:05 PM on Mar. 5, 2011

  • I think I may have screwed myself then. I told them that I might be able to pay $300 and that I would send in a payment Monday but after going over our budget, we can only afford $100. I had forgot tha my student loans have to start being paid back this month. We owe other companies too and we are trying to get everything back on track.

    Comment by Anonymous (original poster) at 7:23 PM on Mar. 5, 2011

  • Call them first thing in the morning. Explain that you would like to set up a payment plan of $100 a month. Tell them that you had stated recently that you "MIGHT" be able to make a payment arrangement of $300 per month. However, after going over your budget, you realized that you can only safely afford $100 per month payments. Let them know that you believe that being honest with them about how much you can guarantee they receive per month and make that payment, is a better option than you agreeing to a payment that you knowingly can not make and will default on. Make it clear that you can and will make $100 per month payments comfortably, and you know that a $300 is impossible.

    Most collections agency will work with you because their ultimate bottom line goal is : getting the money.Getting guaranteed money every month is better than getting nothing and having to result to other actions which cost them more upfront.

    Answer by pixie_trix at 7:52 PM on Mar. 5, 2011

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