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Can debt collectors offer a settlement that is higher than the one they sent me in writing?

Detroit, MI |

I called a debt collector to try and just settle the debt out of court to avoid hassles. They sent me an offer of 1400 that was good until November, but I asked the person on the phone what kind of settlement they could do because of my lack of income, never mentioning the letter from their office, and she told me the best they could offer was 2200. I said that is higher than the letter I received from her office and she said that she is only allowed to go to 2200 and the owners of the office sent that letter. She tried to act like she knew what the letter said but she said i had 20 days to respond to the letter and I told her it said 30. Is it ok and not a violation for them to try collecting more for the debt than they already offered?

She also said that offer was approved by LVNV. I called LVNV and the lady on the phone said they dont make offers, it all comes through that attorney. They have nothing to do with the settlement offers.

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Attorney answers 3


I don't see any FDCPA violations here.

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They can try to collect as much as they can from you. It sounds like you did a great job of negotiating a decedent settlement from them. If you can afford to do it, it sounds like a good compromise and a way for you to get out from under this. I would do everything you can to come up with the $1,400 and put this behind you.

James Frederick

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If you have a written offer of settlement from them and you accept and perform under that settlement agreement (i.e. you pay them timely) I would think that you are good to go.