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Can debt collectors offer a settlement that is higher than the one they sent me in writing?

Detroit, MI |

I called a debt collector to try and just settle the debt out of court to avoid hassles. They sent me an offer of 1400 that was good until November, but I asked the person on the phone what kind of settlement they could do because of my lack of income, never mentioning the letter from their office, and she told me the best they could offer was 2200. I said that is higher than the letter I received from her office and she said that she is only allowed to go to 2200 and the owners of the office sent that letter. She tried to act like she knew what the letter said but she said i had 20 days to respond to the letter and I told her it said 30. Is it ok and not a violation for them to try collecting more for the debt than they already offered?

She also said that offer was approved by LVNV. I called LVNV and the lady on the phone said they dont make offers, it all comes through that attorney. They have nothing to do with the settlement offers.

Attorney Answers 3


  1. I don't see any FDCPA violations here.

    This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.


  2. They can try to collect as much as they can from you. It sounds like you did a great job of negotiating a decedent settlement from them. If you can afford to do it, it sounds like a good compromise and a way for you to get out from under this. I would do everything you can to come up with the $1,400 and put this behind you.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  3. If you have a written offer of settlement from them and you accept and perform under that settlement agreement (i.e. you pay them timely) I would think that you are good to go.