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

Asked 10 months ago - 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)

  1. Darrell Lane Castle


    Contributor Level 9


    Lawyers agree

    Answered . 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.

  2. Jason Wade Barnette

    Contributor Level 14


    Lawyer agrees

    Answered . 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... more
  3. Edwin Arnold Anderson


    Contributor Level 15

    Answered . Yes. Get a lawyer.

    If you would like a consultation, call (865) 522-9000 to make an appointment. The information you obtain at... more
  4. Brett D Weiss


    Contributor Level 18

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

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

    The legal analysis of any situation depends on a variety of factors which cannot be properly represented or... more

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