collection agency said they were going to take me to court for litigation. what should I do?

I agreed to a settlement by phone. I did not sign anything, but now I cant afford it. Now they want to take me to court for litigation...what's the best thing to do ...I am willing to pay $40 a month even if they dont agree. Should I call and tell them or just send it.. If i do pay that amount can they still sue me? - Is this your question? Add additional information
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Answers (1)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Yes, a collection agency can sue you for the amount of debt plus their collection costs, and they can sue for you breaching your oral agreement to the settlement. The bottom line is they want to get paid, and I suspect that they won't sue as long as you make regular payments. $40 a month may be enough to make them not sue you, depending on what your total debt is, but it may not be enough.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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