Question:

Trying to pay off a debt collector, what are my rights?

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I owed around $2200 to a debt collector and I was arranging to pay off a settlement they offered me at around $1800. I called and asked for them to send it in writing for my records and they never did. I gave it 3 weeks and called back and they said I was lying and they had FAX'd it to me, even though I had asked for a letter. Now they're being extremely hateful, accuse me of lying and want the full balance. What are my options? I heard they can't take me to court as long as I am making regular payments?

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  1. Depending what state you live in, the SOL may have ran out and you are not obligated to pay the debt period. They can refuse monthly payments. I was a bill collector for 35 years and I always told customers to read their contract


  2. The first thing to do is stop talking to them on the phone.  All communications(both ways) should only be through the mail.  

    If you have already checked on the Statute of Limitations and are not disputing the debt.  Then send them a Certified Letter with return receipt stating the same payment offer.  Also, include in that they will remove the Collection Account once paid.    Do not send them any money and do not sign the letter(only type your name).  Only when you have something in writing should you send them any money.

    As for being taken to court that is incorrect.  They can take you to court at any time, prevailing is another matter.  If you have a written agreement from them and are making payments as agreed if they did take you to court they would probably loose.  However, if you are just sending in "something" without anything in writing they could say that it was not enough.

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