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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?

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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.

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.

Posted

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 accounted for in a response to an on-line question. Any answer, discussion or information is intended as general information only, is not intended to serve as legal advice or as a substitute for legal counsel, and should not be relied upon in making any decision. If you have a question about a specific factual situation, you should contact an attorney directly.

Posted

Yes. Get a lawyer.

If you would like a consultation, call (865) 522-9000 to make an appointment. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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