Question

Can I be sued for credit card debt, if I am making settlement payments?

I was told by a collection agency law firm, that even if I am making payments on an agreed settlement, that they will still seek a judgement on me, and that I don't have to even show up to court or anything. Can they do this if I am making payments?

7 years ago - 8 answers

Best Answer

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Can they sue you, yes. Will they sue you, probably not. If you have an agreement that they have approved and are paying as agreed they won't. Mainly because if it went to court the judge would throw it out. Now, if you fail to make the payments as agreed they then will turn around and sue you.

If you have a law firm calling you, you need to immediately send them a "Cease and Desist" letter. In the letter state that you already have a settlement agreement with the company and are making payments as agreed. Include that they are to not contact you again in reference to the debt. Send this by Certified mail with a return receipt. If they do contact you again, you can then take them to court for violations of the Fair Debt Collection Practices Act(FDCPA)

If for some reason they did sue you, it would be to put it bluntly stupid of you to NOT show up in court. If you don't show up they can pretty much say anything they want and you are not there to defend yourself. They will then get a judgment in default.

Source(s):

7 years ago

Other Answers

They can sue, but the judge will probably not give them a judgement if you're paying as agreed. You DO need to show in court, though.Remember, most of those "collectors" are BS artists who frequently bluff-and this guy is full of it.

by shelcom - 7 years ago

Can they? Yes they can, although it would be harder for them to get a judgement if you are making payments.

You don't have to show up, but if you don't, the judge will be forced to award judgement for them and against you. it is always much better for you to show up at a legal hearing to defend your rights.

by rlloydevans - 7 years ago

If you have a written agreement signed by both parties and you are adhering to it completely then you could bring it to court and change the verdict. If you do not show up at court they will automatically judge against you so it is in your interest to go.

by Gone fishin' - 7 years ago

I work for a collection agency and I an tell you that if you are making payments on an agreed upon SETTLEMENT you should not have a law firm contacting you. Now if you are not in a settlement mode, and are just makng payments. Or if you have missed even one payment or been late even once, then all bets are off. I would try to contact the people who sent you to collections first.

by duck_fook2000 - 7 years ago

Maybe..but not shouwing up in court puts you in default and you automatically lose...if you are making an agreed payment plan and they do sue you..better show up.

by dual_reality2 - 7 years ago

Show up to court...along with all of your receipts.

The only way that they can get a judgement against you, is if they worked out a payment plan with you and you have defaulted on the payment plan.

However, if you are paying as agreed, and can prove that, a judge will dismiss their case. They would actually have to lie to the court in order to even file it, b/c they would have to say that they are not receiving anything from you to even get a judgement.

Call them back, and be very clear that if they sue you, what your address is, because you fully intend to show up...receipts in hand.

by Mary B - 7 years ago

Yes, they can sue you. They are just holding back the judgement since you are making payment. That's the reason why collection agencies will demand a minimum amount that you need to pay if you are paying by instalment, If the amount is too small and not acceptable by the bank, they may not hold back the judgement.

by Tan D - 7 years ago