Question about letter/payment to creditors?

Question

Long story short, being sued by a credit card company for two accounts. I've been trying to negoiate with the law firm/creditors handling it but they wouldn't send me any paperwork.

So with help from a friend I made my own. The paperwork basically says (in a much more formal way than I am saying here) this is how much I can afford per month and I'm giving you this amount as a down payment. If you agree to these conditions return this form to me and don't charge me any extra fees or interest on what you already quoted me. If you cash this payment and don't return this form signed by you within 30 days, you forfeit all rights to this debt.

I signed it and had it notarized.

They cashed my payment but I'm pretty sure they are not going to send me any paperwork -- mine or otherwise.

Do you think that I can use what I put in the conditions of my payment to affect my case with these people?

Answer 1

dude if they are suing and you owe the money --they will get a judgment and then can garnish your wages

Answer 2

I sure wish you hadn't sent them a check without an agreement first.  It's gonna make it real difficult.

OK, you said you are being sued.  Have you received court paperwork yet?  Has a court date been set?

When you sent this letter/check was it sent by certified mail?

You may need a lawyer to help you with this...but their cashing the check could constitute an agreement to accept the terms of your letter.  But it's a real fine line, and many courts may not allow it as there was no "meeting of the minds" involved.  

Either way, present this argument to the judge.  They will probably win their judgment, but the judge will grant installment payments as outlined in your letter.  

Good luck.