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Can I be sued by a collection agency for missing a payment that wasn't actually scheduled?

Jonesborough, TN |

I have a credit card placed in collections. On 8/8/13 I got a letter stating they agreed to a payment plan of $100.00 per month starting 10/15/13. I paid this on 10/15/13 again on 11/13/13. Now I am getting sued for no payment in Sept. The letter clearly stated the payment plan begins 10/15/13. Can they do this?

Attorney Answers 4

Posted

Unfortunately, yes. Is the actual credit card issuer suing you in General Sessions Court or is it a debt purchaser? It makes a big difference and if it is the latter, we certainly can help you.

Feel free to contact us.

I am not your attorney nor is any answer I may provide legal advice. You may contact me directly for legal advice only if you are a resident of Tennessee insofar as I only practice in Tennessee.

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1 lawyer agrees

Posted

You can be sued for anything. The question is who wins. If what you say is truly what the contract says and its in writing then you have a good chance of prevailing in court but you might decide to deal with your debt situation and see a bankruptcy lawyer.

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2 lawyers agree

Posted

Yes they can. As the saying goes, anyone can sue anyone for anything.

It doesn't mean that they'll win, however.

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Posted

Yes. Get a lawyer.

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