If I want to make monthly payments to collections agency, how do I avoid going to court after receiving a summons today?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I want to make monthly payments to collections agency, how do I avoid going to court after receiving a summons today?

I am working with a consolidation company and set up a monthly payment plan of $500 to send to the collection agency. I made my first payment about 10 days ago. I want to avoid going to court and having my banking account seized and/or salary garnished. Do I contact the collection agency directly or have the consolidation company contact them on my behalf? I do not want to claim bankruptcy and want to pay off this debt.

Asked on December 26, 2011 under Bankruptcy Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the collection agency agrees to a certain payment plan and you honor that plan (that is, you make payments under the plan, on time), you should not be sued. The key then is that the collections agency must agree to the plan--it's not enough that you've been sending them certain amounts (either directly or through the consolidation company), since the collections agency must actively agree to the plan. So to avoid court, make sure you have the collection agency's agreement--in writing, so you can prove it--and that you then honor the agreed-to plan.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption