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What can a debt collector do if I am 3 days late?

New Baltimore, MI |

The call was horrible. He claimed that a letter was sent to our address (I verified it was the right address) but that it was returned to them. I was 3 days late with the payment, I got a voice mail from them, I thought I had set them up as direct pay, but I was suppose to call it in. Now they are threatening that I must meet their settlement offer, which they know is more than I have, before I even pay the rest of my monthly bills, by this friday or it is going to court. That was the manager of the person I have been working with, the person I have been working with told me that if I tranfered to his boss, the settlement was off the table and I would have to pay the full amount, not a penny less, right now or go to court. I offered to make 3 payments right now and get set up on auto

They are refusing to take my payment, even with 3 payments upfront right now. They told me their is absolutely no leniency, no grace period whatsoever, and told me to call back on Friday (which will be 6 days late). Can I call and insist they take the payment and go back on my payment plan? Can I record the conversations with them. __ how much would it costs me about to get help from a laywer with them? would need it asap as they are demanding payment by Friday, or possibly monday (from last conversation)

Attorney Answers 4


  1. Best answer

    I would record the conversation but don't tell them you are. Michigan law allows this. You need to know that their position is not as strong as you think. Sure they can take you to court and ring up some attorney fees (which in a collection case are not collectable unless the contract says) and if they get a judgment for the debt you get to ask the judge for an installment plan which is usually granted and usually less then the original monthly payment. These collection agency are so out of control. I would fight back and not give into them. You have more power than you know. Usually they violate the Federal and Michigan collect acts. This sets them up for liability. Feel free to give me a ring for more help.


  2. You cannot be counseled until the contract which you signed is reviewed, as well as the actions of the creditor which seem overly harsh and possibly in violation of the Federal and State laws regulating collections.
    You really need counsel but I understand that you believe you cannot afford one, therefore cut your deal, make sure you can afford it, keep it religiously and never deal with this, or a lender like this, again.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


  3. The only thing I would add (in addition to recording any further conversations) is to make the payments anyway. Call back and see if you can reach someone more reasonable. Many of these collections people use fear to get you to send them money. If you call back and reach someone else you may have an entirely different experience. If not, set the money aside that you would have paid them in order to have something to pay up front when and if they do take you to court.


  4. Need to know more but you may have a FDCPA violation. If so, you do not have to pay for an attorney. My firms specializes in defending people against illegal debt collection practices.