Need answer today on collection issue

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eck1

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A collection agency called me, John P Frey Attorney, and is demanding payment of $1300.00 today for a bill of $2600.00 i owe. I have offered to pay $200.00/mo until the end of December this year, and then pay the remaining amount due in full in January 2008. They will not accept this, and have given me one day to come up with the money. Is this legal? I live check-to check and cannot afford to pay $1300.00 today. If someone has some advice, i would surely appreciate it.

Edward
 
What state, what kind of bill, and when was the last payment you made?
 
I am in California. The law firm and collection agency are located in Virgina. The bill is a credit card bill, and the original creditor is HSBC Finance. My last payment was Oct 2007.

edward
 
Q: They will not accept this, and have given me one day to come up with the money. Is this legal?

A: Yes, it is legal for them to ask for the money you said you would pay back. I suggest you send them something (even if it is $100) and tell them you want to negotiate. Do it all in writing and make sure to keep copies of everything, including the names of the people who you talk to.
 
seniorjudge said:
Q: They will not accept this, and have given me one day to come up with the money. Is this legal?

A: Yes, it is legal for them to ask for the money you said you would pay back. I suggest you send them something (even if it is $100) and tell them you want to negotiate. Do it all in writing and make sure to keep copies of everything, including the names of the people who you talk to.
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I am sending them $200.00 on Friday and I have offered $200/mo until it is paid off. I can afford this, but i cannot afford to pay them $1300.00 today They will not accept my negotiation. What else can I do?

edward
 
eck1 said:
I am sending them $200.00 on Friday and I have offered $200/mo until it is paid off. I can afford this, but i cannot afford to pay them $1300.00 today They will not accept my negotiation. What else can I do?

edward
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They are trying to scare you.

Keep sending them a payment every Friday and keep good records.:yes:
 
seniorjudge said:
They are trying to scare you.

Keep sending them a payment every Friday and keep good records.:yes:
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They are doing a good job of scaring me. According to the person I spoke with, if i don't pay $1300 today, they will take the issue to court, even though I have offered to make $200 payments. She told me that the lawyers will not accept my payment offering.

I plan to send them money on Friday and regularly after that, keeping good records as you say, but i assume that they will still take me to court even if I am making payments?

edward
 
Why worry? let them take you to court. They will have to take payments on the judgement anyway. I can't see this lawyer flying to your state and trying to practice law. Good luck to the shyster there.
 
eck1 said:
They are doing a good job of scaring me. According to the person I spoke with, if i don't pay $1300 today, they will take the issue to court, even though I have offered to make $200 payments. She told me that the lawyers will not accept my payment offering.

I plan to send them money on Friday and regularly after that, keeping good records as you say, but i assume that they will still take me to court even if I am making payments?

edward
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They can and probably will take a judgment against you, regardless of how much you are paying them.

They will not have to fly from another state.

They will hire a lawyer next door to the courthouse to come to court from them.

However, when they do finally sue you, file motions for discovery on exactly what the charges were for. The company no longer has them.

And then insist on a trial.

There's a good chance a witness won't show up and it will get dismissed.

Will that be the end of it? I don't know; they could refile.
 
seniorjudge said:
They can and probably will take a judgment against you, regardless of how much you are paying them.

They will not have to fly from another state.

They will hire a lawyer next door to the courthouse to come to court from them.

However, when they do finally sue you, file motions for discovery on exactly what the charges were for. The company no longer has them.

And then insist on a trial.

There's a good chance a witness won't show up and it will get dismissed.

Will that be the end of it? I don't know; they could refile.
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What would doing something like that cost in California?
 
eck1 said:
What would doing something like that cost in California?
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Postage. LOL. Since the day is over, you must be getting sued. I would send a letter, certified, demanding Verification of the Dept. That won't happen

If you get served papers, for a case, please post right away. there are ways to combat suits before answering. Please post again.
 
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