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Debt Collection -- Will a debt collection agency be OK with a 90 day due date for payment?

Chicago, IL |

My credit card debt was handed over to a debt collector. I now receive calls from the collector telling me the matter is important and to call them. The amount owed is reasonable and I am able to pay the total sum back on a date under 3-months from now. My question is -- if I call the debt collector and ask for this payment date (approximately 90 days) are they going to be OK with this or do they simply take me to court or file something?
I understand more facts may be needed, but in your general experience as attorney, is this a possible way to go?

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Attorney answers 4


Very generally speaking, the solution you describe is possible. With that said, the debt collector will probably continue to badger you until the debt is paid in full, even if you make promises to pay in the future. They will also probably want some assurance more than your word that the payment will be made.


If you call the debt collector, make sure you tell them you wish no further contact by mail or phone. Set up a payment plan as you propose and stick to it. Get the name, phone number and address of the person with whom you spoke and try to deal only with that person. Otherwise, you will continue to be bothered by the agency.


If possible, get this agreement in writing. They may very well not want to do this. The bottom line is, the only way to answer your question is to ask the debt collector. The worst they can do is say no. And then it will probably take them more than the 90 days to get a lawsuit filed, court date, etc. As previously advised, keep track of every letter and telephone call--names, dates, times, what was discussed. A federal law called the Fair Debt Collection Practices Act may give you some leverage if they try to play games.

By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.


(1) Call them back and tell then you are not disagreeing with the amount owed.
(2) Explain your side truthfully and tell them what you can realistically afford and that you want a payment plan.
(3) I've never turned down anyone who wants to resolve something within 90 days and I've dealt with thousands of people in your situation. If they don't want to resolve it within 90 days they are being very unreasonable.

You're in good shape, they don't WANT to take you to court if you can resolve it.

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