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Can debt collectors and creditors refuse my payment?

Is a debt collector or creditor playing the payment refusal game, telling you they can’t accept anything less than…more than you can pay? Doing that may violate your rights under fair debt and credit laws such as the Fair Debt Collection Practices ActFair Credit Reporting ActTruth In Lending Act, or other must know consumer rights statutes. Violations can entitle you to damages, leverage over the debt and no cost attorney help. If a collector is refusing your payment, click here for a FREE fair debt attorney case review. or call toll free 888-595-9111.  The present damage can be lessened and you can avoid further debt and credit fallout by calling for no cost help.

Some people believe that collectors and creditors cannot legally refuse your payment or payment offer. Others believe that as soon as collectors and creditors refuse your “tender of payment” they forfeit the right to collect on the account and the debt is discharged. Using this logic, I could offer a $5 payment on a $10,000 debt and if the creditor or collector refused my offer, the debt is discharged. If this were the case, everyone would be making $5 offers and clearing their debt. Heck, if we all did that this country would be debt free in no time.

The law that is often misquoted is called the Uniform Commercial Code (UCC) and, when it is misquoted, people are led to believe that if a payment offer is refused, the debt is wiped out. Below is the section of the UCC that is always misinterpreted.

Understand payment arrangements are about leverage, and you need bargaining power before going into any negotiation. Get a FREE financial analysis from experienced Debt Help Lawyers who may be able to convince the collector to take your offer.



(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Fight Debt Collector AbuseFrom my research, this law does NOT apply to the cancellation of credit contracts. Article 3-603(b) refers to the tender of payments using negotiable instruments (checks, bank drafts, and so forth) and, if the payment is refused, the amount of the tender is discharged. So, even if this rule did apply, the only amount that is discharged is the face value of the negotiable instrument.

So, in my opinion anyone quoting this law as a means to discharge credit contracts are misinterpreting the law. Learn more here…

Uniform Commercial Code

So what are my options when debt collectors refuse my payment offer?

First, you need to know that there is no law that compels collectors to accept your payments or payment offer or agreement letter.

Second, recognize that negotiate with collectors on the phone is difficult at best because they are trained to control the conversation. Unless you are a very skilled negotiator, you’ll only end up angry, scared or frustrated. Use this script for when bill collectors call, and you may want to enlist a Debt Help Lawyer to handle your negotiations .

Third, always check the Statute of limitations on debt collection BEFORE making any payment offer.

If you want to make a payment offer, PUT IT IN WRITING! That way you and the collector have a record of your “good faith” effort to resolve the issue.

Use these sample letters:

Debt Payment Agreement Letter
Use this letter when you want to make a payment offer.

Payment Termination Letter
Use this letter when you have been making regular payments and the collector suddenly demands more money.

Using letters becomes extremely important if you have to defend your actions in court. Judges want to see what you have done to take care of the debt and written payment offers are strong evidence of your good faith.

When collectors first attempt to collect they can be very aggressive and may refuse to cooperate! They are trained to only accept certain types of payments such as full payments, post-dated checks, electronic payments and so forth. Send your payment offer in writing and let them accept or decline your offer. If they accept, you’ll probably never receive anything in writing that says they accept your plan however, the sample letter covers this with a statement that says, “Please note that accepting (cashing) this payment constitutes a payment agreement between us according to the terms outlined above.”

KEEP ACCURATE RECORDS! Keep copies of every letter you send and everything they send including the envelopes.

What about creditors who refuse payments?

Most creditors will work with you if you call them BEFORE the account goes delinquent! Letting them know ahead of time shows that you care and helps maintain your credibility. Mind you that not all creditors will work with you regardless of your previous payment history. I’ve seen people miss a payment for the first time in 10 years and their creditor had no mercy.

Early intervention may get your creditor to: See these guidelines for negotiating with creditors

  • eliminate late charges on your account.
  • not report your delinquency to credit reporting agencies.
  • permit you to make interest-only payments for awhile
  • Prevent your utilities from being cut off.
  • Not turn your account over to a collection agency
  • Defer payments to the end of your contract.

Failing to contact your creditor is a big mistake but it happens and eventually they call demanding the full balance or payments much higher than you can afford. Keep in mind that, just like collectors, creditors are not compelled to accept your payment offer. The idea that they have to accept your payment or discharge the debt is a myth (see first paragraph).

When creditors refuse payments, it’s usually because company policy prohibits it. It can’t hurt to ask and if your first offer is declined, ask what they feel is an acceptable payment. You may have to negotiate for awhile and what ever you do, DO NOT agree to terms that you cannot afford. Agreeing to terms you cannot afford is dangerous and only leads to another broken promise down the road and ruins your creditability.

As a last resort if they refuse to work with you, send a written payment offer anyway. They may just accept it even after refusing your plan on the phone.

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  1. What can you do if a plaintiff wins a civil case against you and refuses payment in full? I have tried to pay the court directly and they only do that for small claims. Can I take the plaintiffs to court or have the debt be dismissed if they refuse payment in full? I need this off my credit because it is hurting my job opportunities.

    • If you are trying to pay a judgment in full and the creditor refuses, that may be an unfair or deceptive trade practice and an unconscionable act under the Fair Debt Collection Practices Act. But someone refusing payment in full I an odd situation and it would seem doing so is only aimed increasing interest.

      It sounds like you may need the backing of a Debt Help Lawyer to square this debt away. Call 888 595 9111 for a free no obligation consultation.

      • I am in this same situation. I made 2 offers, one was a lump sum of roughly 40% of the judgment amount. It was refused. The second was a series of monthly payments totaling the full judgment amount. Also refused. They said “it’s not enough. We will only accept payment in full”. Since they already have a judgment my guess is they are just wanting to add interest. I submitted a final offer of payment in full with the amount THEY sent me in a letter dated a week before I made the offer. This most recent offer has not been acknowledged. If this is refused, would I have grounds to have the judgment overturned? I also disputed their statutory interest since the statute in my state requires a signature from the person being charged (me), and there are NO documents to be found with my signature on them and the judgment does not state an interest rate. The judgment says “by agreement” however I was not served as the address on the summons was incorrect and I did not appear in court. Alas it was 6.5 years ago.

        • You likely have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

    • From experience I have secured my credit filing a ucc1 with the state that is reporting the debt to the collection agency then there is the A4V method as well. Read Ucc 3-603(b) and google A4V

    • A creditor accepted my two late payments, sent me a receipt and took the money out of my account. Two weeks later they say they can’t accept and deposits it back into my bank account say it’s in collections. Can they do this?

  2. Via certified mail, I sent a letter offering payment in full for a debt and my only terms were that they remove the ‘in collections’ status from my credit report and that they accept this to send this to me in writing. Their reply was to send me a stock ‘this is an attempt to collect a debt’ letter and didn’t say if they accepted or declined my offer and they ask that I call them. I am willing to pay in full, but they are refusing to put anything in writing. What should I do?

    • Sounds fishy. Don’t pay anything without adequate assurances. You can try to get those assurances yourself (for example, write the conditions in the memo part of the check, or send a letter with the check stating acceptance of the check constitutes an agreement), or you can just get a Debt Help Lawyer to assist you, whether it be in negotiating down the balance or suing under the FDCPA. These guys will consult you for free and represent you at little to no cost to you.

      • I have a question. I had two small ($120.00, $40.00) overdue hospital bills. I went through a divorce this year and I rarely got my mail. Last month I paid off both debts to the hospital and they took the money our of my checking account. Now weeks later I get a letter saying they couldn’t accept my payments because it had recently been turned over to a collection agency. I looked at my bank account and they had actually deposited both amounts back into my checking account. Is this legal?

  3. I have been treated in a very rude manor by NES (Debt Collection Agency). I wanted to clear my credit as I lost my job and was unemployed for a period of 6 months. I paid off all old debt after being re-employed and contacted each debtor on my own – I contacted each debtor and most worked well with me, though paying off all credit card was a mistake. It had no effect at all on my credit but still showed as “Negative” due to payments (even if paid off) was late. CareCredit with GE Captial turned me over to NES collection agency. I called them and I told them I could make arrangements, pay them monthy, etc..or a lump sum, but I was told by the rep with NES that they would not mail me a statement, a receipt or anything and that they HAD to AUTO DEDUCT from my bank acct every month. I allowed them to do this, until my 6 mnth contract job – paying fairly good money – ended. I called NES and asked if they could delay the ACH payments from my acct as I was once again unemployed and they began to get too personal with me, making statements, asking questions: such as, “Okay, we can charge you double the amount from your bk acct next mnth!” I assured them the money would not be there. The rude lady on the phone then stated, “Hmmm, so I bet you’re on unemployment, right??? You are aren’t You…” She was very rude. That’s none of her business, but, the answer was absolutely “No” – no unemployment. Only a lot of bills, rent, and I’m a single mom with a son in college with Asperger’s syndrome of whom I help financially. They did not care. I called – finally – the original debtor (CareCredit – a small loan for emergency dental work that had to be done…) I explained the situation to them, though I also, as they told me, let them know that I was also recording the call. (I have it on my phone now) In short, I’ve paid well over the amount of the loan ($1000.00) and am now only paying interest. 2 more payments left of 137.00 per mnth auto deducted from my account. I am about to call NES again to NOT deduct from my account until I have some kind of receipt, statement or proof of payment. I was told by CareCredit (original debtor) that NES wouldn’t give me a statement or mail / email any proof of payment. How do I know that CareCredit will receive notice that I paid them off??? I honestly don’t know the credit protection laws in Texas and would like to know if they can demand Auto Drafts from your bank account. I am again unemployed and my son needs help…i haven’t paid my health insurance premium in 2 mnths and have health problems. Would love to know TX law in regard to NES demanding to deduct from my bank account!

    • No one can demand bank account info, least of all a debt collection company like National Enterprise Systems (NES). So don’t give it to them, and don’t fall for their bullying.

      What’s more, the things they said to you sound like they are on the cusp of, if not past the point of, violating the FDCPA. Violations of the FDCPA entitle you to up to $1,000 statutory damages, plus actual damages, plus attorney fees, so it costs nothing out of pocket, win or lose, to retain a Debt Help Lawyer from this website.

      Please contact us today, your story is troubling and we’d like to help. You may even qualify for our debt settlement services. Call 888-595-9111 or just enter your info into our easy online case review form.

  4. Recently I had a conversation with a collector who was trying to collect on behalf of a creditor.
    I made a settlement offer, and the collector outright refused to present that offer to the creditor, stating that it was just too low and they didn’t want to waste the creditor’s time with it.
    Are they legally allowed to refuse to present my offer? Can I side-step them and make an offer directly to the creditor?

    • You sure are. The problem is creditors often give debts to outside collections, so they may likely choose not to communicate with you. Its often a different game when you have a debt help lawyer on your side, whether it be to enforce the FDCPA and other consumer protection laws, to help you settle your debts or to just dispute stuff that makes no sense to you. Call 888-595-9111 and we’ll set you up with a free, no obligation case review to see how we can solve your debt troubles.

  5. I was approximately 90 days behind on my auto loan with Wells Fargo Dealer Services. 4 days ago, I had managed to get together enough money to pay the total 3 month delinquent balance, so I called the number the had left on my voicemail instructing me to call them back because I was behind. When I called, I immediately gave the representative all my identifying info and she pulled up the account. I then told her verbaim “Hi, I’m calling to pay off all my late payment in full and bring my account current.”. She then said “Oh, so-and-so is handling your account and you have to speak with her I can’t accept payment from you, only she can work with you because she’s assigned to your account.”. She then said that that person was not in, and did I want her direct line and did I want to be transferred. I said to her “Well, my car’s about to be repo’d and I have the full payment and I don’t want that to happen. She again stated “I can’t even fully open your account so there’s nothing I can do”. I then asked for a different manager, and she said no one else in management was there. She then asked if if like the rep’s number and if I’d like to be transferred to that rep im charge of my account, and I said “ok”. She transferred me and I left a message explaining once again that I had full payment and I needed to pay iit. I tried calling back to see if a different agent would pick up, but now for some reason it was going directly to the rep in charge of my account’s voicemail almost like they were avoiding me. I left her 2 more messages that I was trying to reach them to pay. The next day, they repo’d my car. What rights do I have here? I greatly appreciate any help you can give!!

    • There is not a “one size fits all” set of rights as to repos and your best options depend on a fast analysis of your state’s law and the loan contract’s terms, so we better get the Debt Help Lawyers here on your FREE case review right away. They will need info specific to your situation, you can get them this info by calling 888 FDCPA LAW now. Meanwhile, You can learn some basics of repossession laws here.

  6. I went to pay my loan. I tried to pay half of what was owed. Two different people told me I had to pay it in full. Now they are trying to garnis my wages. Can they do that in Alabama.

    • They can not garish your wages without first suing and being awarded a judgment by the courts. If you have been illegally garnished, you may be entitled to get that money back as well as have a valid claim for up to $1000 in statutory damages against the debt collector under the Fair Debt Collection Practices Act. Wouldn’t it be nice if the collector had to pay you? Call 888 595 9111 for a free, fast no obligation case review.

  7. My doctors office wanted me to make a higher than i can afford and i offered a lower payment and it was refused. I’m on disability and can only afford so much. What are my rights as far as them refusing my offer?

    • Blood cannot be gotten from a stone, and though the doctor isn’t legally required to accept a smaller payment, you cannot be forced to pay what you don’t have. Further, your disability income are “exempt” funds meaning they cannot be garnished or seized as long as you do not commingle the exempt funds with non-exempt funds (for example, a spouse’s paycheck). You can read more about exempt funds here or call us for a free, no obligation debt settlement consultation at 888-595-9111. And depending on where you live, you may have state law rights against creditors like your doctor’s office and may be able to make the doctor pay you.

  8. i recieved a call from collector wanting full payment i said i could pay 10 a month they refused saying they could only except 25 and i havent recieved anything from them in writing on this bill, i cant pay 25 she gave me 2 days or it will be rufusal to pay, cant i go back to the debtor and ask them if i can pay them?and shouldnt they have sent me a bill instead of a call first

    • The FDCPA requires the collector to send a “G” notice within 5 days of the first communication. The G notice tells you:
      (1) the amount of the debt;
      (2) the name of the creditor to whom the debt is owed;
      (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
      (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
      (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
      Additionally, if they are charging you interest, that may be illegal if this is a junk debt buyer as opposed to a collector on behalf of the original creditor. Call us at 888-595-9111 and discuss your situation with a legal assistant, you may be entitled to up to $1,000 statutory damages.

    • peggy paradis:
      Don’t ever admit to collectors that you owed money. They are only third party debt collectors without any authority trying to collect money from you. They must comply properly’ and legally with the F.D.C.P.A. and they must sign their name with the following statement: ‘I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF”
      Remember you have not signed any contract with them.

  9. Can a landlord refuse payment of rent from a person other than the listed tenant. In other words can I pay my Mothers space rent @ her mobile home park? Does the landlord have any legal status to refuse my check? Or is it simply stupid on the parks behalf ?? Or does Mom simply get a month rent free?

    • Thank you for your question. Is your mother’s account in collections? It seems there are more facts that would help us answer your question more specifically, call us for a free, no obligation consultation at 888-595-9111.

  10. what if I sued 2 attorneys and they hired one of the attorney’s brother, he got the lawsuit dismissed, won a judgment because of it and then the brother hired back the collection agency where the other attorney works to collect? The collection agency where one of the attorneys that I originally sued filed a writ of execution to have the sheriff come and take my property and sell it to collect. It seems like a conflict of interest. Is there any th ING illegal about what they are doing?

    • What’s the law firm’s name and what was the original debt for? Call us and we will get you the help you need, 888-595-9111, free no obligation consultation.

  11. My car dealer finance company refuses to accept payments from me because the car is in my husband’s name. Is this legal?

    • Thank you for question. Consumers do have rights under a variety of laws designed to protect you. The tactics of the finance company sound questionable. Take advantage of this site’s FREE, no obligation case review and let’s figure out how to get you some real help, call us at 888-595-9111 and we’ll get you taken care of.

      • Help. To much to put but my car is financed in my husbands name. Because he works I don’t. I sent the loan payment but the company wouldn’t give me an account. Number before sending it . My husband works really long hours or he is gone for weeks at a time. Either way I sent the payment the company is still calling I told them payment was sent they said if there’s no account number they will send it back . Also in the contract there is a part of it where my husband signed that says spousal consent giving his spouse the right to discuss the account n payments. They won’t comply with their own contract. Also all of my paper work is right except the loan contract . It has the wrong city n zip on it which we didn’t know until the other day. I tried to call and tell them and they don’t want to here anything I have to say. So my payment was sent idk who has it or where it’s at . Also there is a gps tracking devise so they can shut it off and repo it and I have done everything I know and this is so wrong. Please help .

  12. My boyfriend went to renew his licence in Florida, they told him he had to resolve a ticket in Maryland, he called to find out what it was and found a judgement has been entered against his license for an accident where he banged up a car. (He was uninsured) This was three years ago or longer, he never even knew about the court case or judgement. They have suspended his license. We offered to make monthly payments, offered to pay yearly out of taxes. The lawyer (for the other people) said they have to have our bank account info, statements and all, work info, and pay stubs to even attempt to figure out what the lowest “down payment” might be. I don’t know what to do, is there a minimum monthly payment in Maryland? Do we have to make a down payment? If we do, do we have to do that AND monthly payments or can we pay out of taxes? We have to do something because they won’t lift the suspension without a payment arrangement of some sort, but the lawyer was very short with us on the phone and kept rushing us off as we tried to get answers. We’re a family of six, barely making it on 10 dollars an hour.

    Thanks for any help you can offer.

    • Blood cannot be gotten from a stone, and though the judgment plaintiff isn’t legally required to accept a smaller payment, you cannot be forced to pay what you don’t have. You can read more about exempt funds here or call us for a free, no obligation debt settlement consultation at 888-595-9111. And depending on where you live, you may have state law rights.

      • Hi im in the simular situation . I was uninsured revoked licence and got hit. But it was my fault because of no license. Now they got a judgement against me. And im on disability. I called to see if they would lift my licence if I paid 50.00 a month. They refused and said the lowest they would except is 495. 00 I only get 753 to live on . I cant afford that. Also it was my moms car and they held her licence to and said one of us has to pay. My moms also on disability so am I responsible for the whole thing or can it ve split between my mom and me? My mom is exspecting me to pay it all and the lawyer is not budging. Please help me.

  13. Atlantic credit is telling me I have to set up an automatic withdrawal with them. They will not accept individual payments month to month. I want to pay the debt but if they won’t even let me make a payment what am I supposed to do. So far today they have called me twice and my wife twice and I doubt it will stop there. What should I do?

    • If you owe the debt, and plan to pay it, consider setting up automatic withdrawals. Most automatic withdrawal forms violate the Electronic Fund Transfer Act (violations of which entitle you to up to $1,000 statutory damages plus actual damages, and post dated payments (which they are asking for) have strict notice requirements under the FDCPA which if violated also entitles you to up to $1,000 statutory damages plus actual damages! TURN THE TABLES on these guys, and the Debt Help Lawyers at this site will represent you under both these statutes at NO COST YOU! If you don’t plan to pay the debt, just tell them to stop, and if they don’t, call us at 888-595-9111 for free help to recover damages for you.

      • Boro tax collector doesn’t want my money?

        Cathe and I forgot to pay local taxes this last go round and got a notice I think last week of Dec or first week of Jan with the tax rate and penalty, so we sent off checks for the full amount. including the amount of the penalty, each in a separate envelope.

        We got the checks back today with a note saying I can’t pay my taxes now because it had been turned over to a collection agency. Really? You can’t accept payment IN FULL now as the tax collector for the boro? Also, he didn’t return mine separately and just stuffed mine in with Cathe’s and sent both back to her.

        I’ve paid taxes in half a dozen states over the years and never had this occur. Of course, I never made out a tax check to a person rather than a municipality either.

        We’re talking $30 here…

  14. I was sued by Personal Finance Company in April of 2014. I entered into a consent judgment with their attorneys, Miller & Steeno, P.C. (technically a debt collector) for $115.00 per month. When I was required to take medical leave, I was unable to make any further payments and a garnishment was issued. However, at the end of January, I made a settlement offer of $2,500.00 and it was accepted. I was not made aware of a 15 day deadline and was told that there was not going to be any paperwork provided to me for this agreement. Due to issues with my bank and financial manager, my payment was delayed until February 24, 2015. They have had the check for a week and have refused to cash it because it was “late” and have actually issued a second garnishment. What can I do about this? They have consistently refused to provide any paperwork and have bounced me from person to person. The person who set up the agreement did not advise me of the 15 day deadline and told me that I would have to get all documents from the court. However, being a paralegal in the field of litigation, I have never seen one of my clients agree to a settlement without signing at least one document. Does this make the agreement null and void? Also, would I have standing to sue them for their refusal to cash the check after their client agreed to the settlement?

    • You may have experienced some sort of Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  15. I recently received court papers via sheriff from a debt collector who had in the past relentlessly harrassed me over a debt but didn’t bother to tell me i had another debt with them. When i called to start making payments, they used double language. They said they couldn’t accept any payment less than 50 dollars a month, I’d offered 25, said that they were still going to sue me and that i actually owed almost twice what the court papers said.

    • You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  16. I live in TN I am almost 30 days late on a title loan. I just lost my job and told the loan company. my payment is 103.00 over the past few weeks I have managed to gather 90.00. at first I offerd 45.00 they said no then a few days later I offerd another 20.00 again they told me no I also tired yesterday to give them a total of 90.00 to put on my payment so they wouldn’t repo my car but once again I was told that they are not allowed to except any form of payment other than the whole payment amount. is there a law against this refusing a payment. im at least trying to show them I do want to pay on my bill…. can anyone give me any answers I really cant let my car get repoed… thank you.

    • Is this debt still held by the original creditor? Or Has the account in collections? It sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  17. I fell behind on a student loan. It was passed off to a debt collector. They are trying to say I have to pay $430 a month when I can’t afford that. Do I not retain the right to determine what I CAN afford over them?

    • Is this a federal or private loan? The tactic you have described is one we have heard many times. It is possible that you have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  18. A debt collector contacted me about an accident I had about a year ago and I thought everything was taken care of. Next thing I know my grandmother is getting a letter a few weeks ago that we owe 5441.88. We never even got a chance to even try to pay the person we cause we didn’t know we owed them cause no one ever contacted till now which is a debt collector. Now they want 20% of the amount owed as a down payment and then pay monthly payments until its paid on full. Can they do that and are other companies be allowed to not contact you at all about a bill you owe and just hand it over to a debt collector? I told them can pay 200 a month and they refused it and told me since I live in nc that things can get really bad here with debt collectors get involved with the law

    • You did the right thing by reaching out to us, we can help. Some of the situation you described may be a potential violation of your rights, please give us a call to fully evaluate. There is no cost and no obligation for our attorney review. If we determine they have indeed violated your rights, the attorney will represent you at no cost in that claim.

  19. I have an account that has not yet been sent to collections and I have sent a years worth of post dated cheques and the clinic sent them back to me saying they are refusing my offer of these payments. Now they are threatening to send to collections again. I cannot afford to pay the lump sum but will pay with installments. How can i deal with them?

  20. I am behind on my mortgage 2 months. If I pay it in May, I am told that I have to pay for June as well. I have no job, but side jobs of approximately 100.00 a month. I am trying to get work. Can they refuse any payments? Can they foreclose on my home? I received a registered letter from them, they want to meet with me in person. What do I do?

    • It’s always a good idea to talk with your lender. They can refuse a partial payment and they can begin foreclosure proceedings. We would be happy to review the facts and determine if there have been any violations of your consumer rights. Give us a call, there is ZERO Cost.

  21. My dad got a loan for $600. The payment a month was set at 140. He got his work hours cut and was struggling so they split the payment up to two payments of $74 every two weeks I think. Some times he can only give about $50 he pays his bills alone and doesnt have a very big income. When i go to pay it because he doesn’t have a car to get there to pay it himself. And the laon place is in the same town i work in they always ask me to pay what he cant. They say we have to have at least this amount and when i say this $50 is all he gave me they just keep pushing. Can they refuse his payment like that and if they do can they get into trouble for always bagering me and refusing payment? I want to know his rights before i go back in there next month and spend an hour trying to tell them that is all he can afford and i dont want to give them money of my own for it every month when it’s not my bill.

    • Loans like that often result in many violations, whether it be FDCPA, TILA or EFTA. Save all voice mails and keep a call log. Then, send us the log and the loan contract, we’ll see what you are entitled to. Don’t get mad, get even.

  22. I am looking for a straight and simple answer on this one. If a borrower and lender agree on an amount to pay off a debt and the lender will not accept the payment does this discharge the debt in its entirety? Thanks.

  23. We received a collection letter a week ago regarding a breach of employment contract about 20 months ago for the amount of $28,000.00. But 4 months prior to the receipt of the collection letter we have been in communication with the original creditor (employer) and have come to terms to accept our monthly installment of $50.00 with their assurance that they will notify the collection agency that we are paying them. Payment was address to the original creditor because we did not know that the account was already forwarded to a collecting agency, we never received any collecting letter and we don’t know the name of the agency. I didn’t bother to ask the agency’s name thinking they are accepting our payment. Until last week we received for the 1st time a collection letter, this time from a different collecting agency. I called back the original creditor and they told me its not clear to them if the 1st collecting agency have sold or assigned the account to this new agency.

    We have contacted this new agency and told them that we have been paying directly to the original creditor. This new agency express their willingness to accept our monthly payment of $50 also. No documents was sent to us that the $50 is an agreed amount but instead he just send us a small index card stating the principal owe amount, interest – zero, court cost – zero , monthly payment $50.

    My question are:
    1. Was it legally right for the original creditor receive our payment when in fact the account was already forwarded to collecting agency?
    2. Can we consider this small index card bearing only the name of the collecting agency. No contact person is stated nor signature on it. Is this a valid document that collection agency agrees the $50 monthly payment up to the time this is fully settled with no interest?
    3. Can I verify this from the 1st collecting agency the validity of this 2nd collecting agency? If it is not a junk debt collector. Because I am really surprise why he easily accepted the $50 monthly payment considering the amount owe is big.

    Thank you.


  24. This is not a question pertaining to owing late on a loan, but a leased semi truck my husband has. We have paid 20k into it and we owe another 22k. My husband has since gotten outside financing and we would like to sever toes with the original lease company and buyout the lease. The company is refusing to take payment from a third party, they are requiring my husband to pay the loan in full with his own money. They said they will not put a lien holder on the truck. We live in fl. Is this legal? How can they refuse?

  25. I live in Washington State. We have an unpaid medical bill that a collection company got a judgement for. We had been making $100 a month payments and then due to medical reasons I had to quit my job. My husband had been working at the time but then he became unemployed. We got our payments lowered to $50 and we had been paying that for the last year. They had us redo papers for income, re certification and when I told them our situation had not changed and we could only continue with the $50 a month they said no. Because we did not have proof of income all they would accept was $500 a month until the balance was paid. What can I do? Is this even fair?

  26. On 6/11/2015 I applied with the VA, North Central Consolidated Patient Account Center, Madison, WI for repayment plan. My total bill was over $800.00, when I talked to the representative about sending me the forms, they stated that when I completed the form I must send in the first payment. The debt can be paid off in 36 months. Because interest is always added to the bill even after payment plan is in placed I added interest to the total bill. $800.00 divided by 36 months = is near $25.00 a month. So I filled out the paperwork and the VA form 5655 Financial status report and sent in my first payment of $50.00, as instructed. On 6/17/2015 my check was cashed and cleared my bank. On 6/18/2015 (received by mail 6/25/2015 a letter stated: Decision on Repayment Plan. The Section that was (x) said A good faith payment has not been received. The representative I talked to earlier stated nothing about a good faith payment only the first payment for the repayment plan. There is another box that was not checked off which states The monthly payment requested does not pay off your debt within 36 months, the minimum monthly payment required is $ (because I am paying within 36 months). I am unsure what to do.
    They cashed my check even before the decision, does this not mean that they accepted my repayment plan. Should they not of cashed my check and returned it and informed me what a good faith payment was. I am a retired VA employee, Navy Vet. My husband works only part time and I have faithfully paid bills every month. The VA bill was only $280.00 on 4/1/2015 (VA was just charging me for my medicines) then at the end of May the bill jumped up to over $800.00 because they added in all doctor visits for one whole year. This is why I went with a repayment plan right away.
    Could you please advised me on this situation.
    Thank you very much

  27. I supposedly owe Directv $262.00. I sent them a letter stating I was on SS and it would be a hardship for me to pay it all at once. They raised my monthly fee from $83 to $93 the next month and $103 the next month. I called and told them I couldn’t afford $100 a month TV and that they needed to change things. They would not respond, so I switched to Dish. They sent me a bill stating I had broke my contract. I had been with them since 2009, so I didn’t know they had any contract. They said that my switch to High Definition was a knew contract and that I owed them $200 for breaking the contract plus the balance of the month. It came to $282.00. The letter I sent them also included a $20 check which they accepted. But they told me I had to pay the rest in full. Do I have to pay it all at once. I’ve made phone calls to their home office but they won’t budge. They want payment in full.

  28. I owed a company $2500 in 2012. It was turned over to a debt collector and not yet reported to my credit. I negotiated a $50 payment each month and it has been drafted each month since 2012. I now owe $1200. I was out of work in April 2015 on Medical Leave and since I’ve lost my job now June 2015. I called the collection agency in April 2015 (bad decision on my part) and asked them could I put a hold on the drafts until about June or July when I could go back to work? Sure they said just call us when you get back to work and we’ll re-initiate the payment agreement. The next week I got a letter from them stating that I have refused to pay and my account would be turned into credit bureau. I called them and they put a supervisor on the phone – she said that the agreement that I had has been going on too long and that it should have been paid off a long time ago and they tried to get me to set up payments then for $239 a month? I told them I could not do that I was out of work. I told her if it was going to be such a hassle just initiate the original payment agreement and I’ll figure it out somehow. They did for a 3 month agreement. Fast forward today – I get a call that they said 3 months are up and now they wanted $439 a month. Again, I’m out of work I told her. Continue with what we have on the same date and when I get a job we’ll look at it then but I’m out of work still and all I can scrape to pay is the $50. She tried to get her supervisor on the phone and then she called me back to say we can do a one time payemnt of $50. She said that the system wouldn’t allow it to continue in the $50 payment schedule – however it has been doing it for over 2 years.
    What can I do when next month comes up and they are telling me the same stuff? I’m tired of being harrassed about it when we had the arrangement prior – same agency.


    • Sounds like several issues here. Can you call 888-595-9111 and provide additional facts, please; no charge or obligation for the review.

      • i live in washington state i hade a medical bill that went into collecton still is thay are suing me and my husband ive offored to make payments i lost my bill thay never sent me a new on now thay saying thay need my husbands work info what do i do

  29. my husband owes a $2000 dollar hospital bill that conviently went into collections and the debt collecter is trying to get us to fill out a hardship form or they wont except a payment till the forms are filled out and sent back is this violateing our right?

  30. My sister has mental problems and it causes her to make horrible decisions which she can’t fully grasp. Sle is on SS and somehow got herself into a mess of writing checks she did not have funds for, amounting to 1300.00 in overdraft fees. If she tried to make small payments. Which is all she can afford, but her bank refuses, can they push to get her put in jail since this amt. Is a felony?

  31. I attempted to pay a debt by check which would have paid the account in full. The lady told me she could not take my check because they did not accept that form of payment. The account is 50 days past due but I was trying to pay this account in full! By not accepting my payment can this be dis charged? Isn’t a check a valid form of payment? All she had to do was call to verify the funds! Should I attempt to mail it to them & if they return it I will have a valid paper trail of refusal?

  32. I am being sued for a $2500 medical debt. I called them Oct 2014 and offered a $30 payment and they denied my payment. I explained to them that this was all I could afford monthly and that in Jan 2015 I could afford $100 a month payments. They refused to take my $30 payment and any payment plan. I told them there was nothing I could do, I could only afford $30. I said I can pay you $100 in January and the man I spoke with said, “Just because we are not accepting your payment doesn’t stop the process of pursuing the debt.” I thought he meant that he would continue to send me letters in the mail stating that I owed a debt to them….but he meant pursuing in small claims. January I was getting ready to try an online payment of $100 dollars and I hear a knock on the door….a man was there to deliver small claims papers regarding the debt that I had tried to work with them. Since January I have been sending $100 a month payments as money orders with a letter stating that I was attempting to set up a payment plan. I spoke with another debt collector (with a different agency) and he said after three accepted payments that’s consent of the payment plan. If this is true, why am I still having to go to mediation next week? After I got the small claims paperwork I tried calling the debt collection agency and I told them that I offered a payment and a payment plan and that I am still good to offer that payment plan, the woman said, “I can’t accept a payment plan, but I will take a payment.” WHAT THE HECK?! I am so confused at their actions! I have documented everything, even the employees name of who I spoke with in Oct 2014. I guess I just want to know what my options are once we get into mediation and if the judge is likely to give a judgment to garnish my wages would that be necessary since I have been paying monthly like I said I would?

  33. I have a small personal loan and have 235$ left owed. We financially were in a place were I could not make payments. I just recently became employed again and went in to try and make a partial payment and work out an arangment and was told very rudly that I have to make the full monthly payment amount which I can not do right now so they said they are filing paper work on me. I don’t know what to do I am trying to pay what I can on this loan to get it taken care of but they won’t except what I can pay. I need help!

  34. My dog had surgery. The bill was about $1500. They made a payment plan for me which I chose to have taken out of my debit card once a week on a saturday for $50.

    The payments started in November 2014.

    I was never mailed a statement each month. I just figured if I ever wanted to check the balance I owed, I could call or stop by to get the balance. I take my dogs to go for shots, checkups, etc…

    Just recently, this month I finally got a statement on paper. It showed that my balance was still a high amount!!! So I looked through my mail…to see if I had received any other statements and just overlooked them. Nothing, then I decided to check email, not in my inbox because I knew I didn’t get the there…so I checked my spam. There were the statements (not balance but notification of charge). They called me for a payment in the first couple months stating that they tried charging me $200 but it wouldnt go through. I told them that they need to look on the contract and see that it is not the total amount of $200 in one payment each month, but $50 every week. Then to find out recently that they only took a $50 payment every month instead of what was written in the contract that I signed of $50 EVERY WEEK!!! I would have had $1650 already paid had they charged me as agreed. Now 8 months later I still have almost the original amount due.

    What does the law state in this regard? Did they void the contract by not fulfilling the written agreement? The reason I ask is that if I had faltered, the contract would be void and I would be held accountable to pay in one lump sum and would be sent to collections.

    PLEASE….help with some words of advice.

  35. So far the law in theory seems great and all but I cant find anything that would allow a legal fight in order to make them clear a debt which would basically make this law seem worthless. For example : The county jail runs debts for medical expenses, envelopes etc. In return you cant get any commissary until the debt is paid. When you use UCC3-605 the offer of the debt is refused. The debt obviously is still over the account and I cant find anything in this that would make them in a court of law.

  36. So back in 2008 I had a surgery. they over medicated me and gave me Vicodin which I am allergic to. The surgery was late in the day even though I had to be there at 7 AM. I was very ill and my Dr. had me stay the night instead of going home. I got a 1200 dollar bill because my insurance said it was not pre=arranged and they would not pay. I spent months fighting with the insurance. The hospital sent it to collections. I went to the hospital and attempted to pay in FULL. They refused. Several months later I again tried to pay the hospital in full and again they refused. I have now had a judgement by the collection agency 6 years later. My understanding of the UCC is that if the creditor( the hospital) refused payment in full the debt if void. Is that true.

  37. I have a loan with my parents. I have been paying them regularly for 3 years. I would like to pay the balance in full (approx $14K). They are refusing my payment in full. If I stop attempting to pay, can they sue me? I have tried multiple times to pay them.

  38. My daughter was dismissed from a private school in Maryland. I still owe them money approximately
    $1,500. I am in very bad financial situation and not able to pay the full amount. If I send them $50.00
    a month can they still sue me. Also there are charges for future activities that my daughter won’t be there to participate. Do I still have to pay.


  39. I bought a 1998 used car from a local dealer of which I was mostly regularly paying my monthly installments for approx about two years suddenly the engine broke down and the car is in garrage and I had to look for alternative transportation to keep my job.I kept the dealer lnformed about my inabality to pay unless I fix the car.Being low income person I am unable to pay for both for alternate transportation to and from work and also pay dealer. I also wanted to return the car.The dealer sued me and got a judgement against me.I had to came to a payment plan understanding under which I have been paying.Unfortunately due to health issue(I am 58 yrs) and change in job circumstances I could only pay $-150 in place of $-200, and they refused to accept payment and send paperwork to my employer for garnishing my paycheck.I went to court and filed a complain for refusing my payment and I enclosed all previous payment receipt.
    If i am garnished I will be homeless and also won’t have money to buy food.My wife died and I am single.
    If you please be kind to advice me what are my options.I have no money to even go to or hire an attorney.
    Thank you very much for your kind assistance in this matter and looking forward to hear from you soon. Thank you. Can they garnish me?

    Abu Zaman,

  40. I have a debt collector trying to collect on a debt from 2 years ago. We paid the debt in full to the creditor, our old apartment complex, but they didn’t cash the last two checks and the amount was eventually refunded to us. Is there anything I can do?

  41. My husband and I moved in to a house (renting), well a month later it was either move or be evicted due to my medical issues which was forcing us to make the decision. The people we were renting from first said they wanted 1350, okay no problem but it will have to be made in payments. No court or anything. Well now they are saying pay 300 a month for 9 months equalling 2700, and we don’t have the money to pay that much a month. We have offered smaller payments, and they have refused. Now they are saying they want us to sign a contract, and pay this 300 a month, and they won’t consider any offers, and if we don’t pay they are saying they will have my husbands checks garnished by 25%. Since they refuse our offer, what is our options? They are not a realty company, just owner rented is what it was.

  42. I had a collection that I agreed to have drafted out of my account 103.00..they drafted for 3 months and on month 4 it wasn’t drafted. I called the collections agency and they said it had gone from an active account to a hold account. No one could explain what happened and Why it went to a hold status. I said I wanted to make the payments and they said since it was in hold status they couldn’t accept any money. This,was a supervisor I was talking with. So I said are you refusing my payment. He said yes.. I don’t know why it wasn’t deafted. He didn’t know either..but he won’t accept any payment as long as it is in hold status. And he doesn’t know who or how it got like that and doesn’t know how to fix it

  43. I was left with only $50 left to pay on a garnishment. When they stopped my garnishment.. I went in to pay the final $50 to square up the debt but was Denied now I’m being garnished for the same amount it was from the beginning.. Isn’t there a way to stop this..

  44. Question: I opened a bank account with first convenience bank (first national bank Texas) they have branches in Arizona, Texas etc. but now we are in Colorado where they do not have a branch so I can go pay off the negative balance. The job in working does not have direct deposit at this time so fees are just adding up. I called them to ask if I could make a payment and close the account was told they can’t do it over the phone. I said well here’s the issue I’m in Colorado and you don’t have a branch here so I would have to go to Texas or Arizona to take care of this? Yes. Or mail in a check with the amount in it.

    What I figure is by the time the check arrives the balance will be more than what’s written, and my husband and I now have a joint account but o lay his name is on the check.

    Would it be better to mail in a check or wait til I go see family for the holidays and take care of this in person? Really starting to hate banks but unfortunately you need one these days as most other companies are doing away with paper checks and offer direct deposit only…..

  45. My issue is a bit different, as I am not behind on my loan, as a matter of fact, I have been paying more that the monthly payment for many years and was scheduled to have my mortgage paid off 10 years early.. Upon the death of my father, I came into enough spare cash that i decided to pay off my loan in full. A payment was sent in through online electronic bill pay, and was electronically transferred to my mortgage company, and was rejected. I was a bit upset as I had submitted my payment on my Fathers Birthday.. When contacted they stated they did not know what to do with the payment so they rejected it.. Was more than unhappy based on the reason for the date of this payment. It was an extra payment 3 days after my normal payment so the rejection did not cause my loan any late payments, all payments have on time.. Next payment comes due, I contacted my lender, said I was sending a payment equal to 1/2 the total I owed this time ( used some of the money to pay off another loan once it was refused) that I wanted it applied to the principle, and not be refused. They added a note to my account, and I submitted the payment as before, electronic transfer through my online bill pay. After 2 days with the payment not showing up on there website I called, they said they had not received the payment yet, to give it one more day.. I then hung up and called my bank, which tells me, in fact it had been received, and it was rejected once more.. After many phone calls I have notified them they have 24 hours to roll back all interest to the date they rejected my first attempt to pay off the lone, and I will submit a payment in full.. if not I would contact a lawyer. Not 100% sure if “uniform commercial code article 6 part 6 3-603” covers home mortgages or not but we are bout to find out??

  46. I have made 2 payments of $25.00=$50.00 and a note as to why, I cant pay $620.00 in full, I don’t have a CC. I am the only one in my home working, my husband is handicapped with several health issues. I am attempting to pay I am not ignoring the bill. I have sent a note along with payments. I have also made copies of letters, check and billing statement. what are my rights and what can I do.

  47. I have a 9 yr old judgement against me in California. I have contacted the creditor to offer settlement over the last two years. We always agree on the amount of settlement however they say they don’t know where to apply my payment because I’m not in theyre records anymore. I’ve offered to pay the court directly but request a settlement agreement to provide to the court when paying. They don’t know what to do. I’m
    More than willing to pay but I have to get the judgement satisfied at the court level regardless. I’ve never heard of someone saying don’t send payment we’ve agreed on because we don’t know where to apply that payment as your account doesn’t show a balance. Why would I offer money if I had no balance. I’ve even sent them the case report from court. This is very frustrating because I want to buy a house and can’t with this judgement. Any ideas?

  48. Tried to pay student loan collector with money order and was told they couldnt take money orders just debit or credit cards so i stopped dealing with them since my daughter was making the payments for me and wasnt comfortable giving credit card information because of a bad incident when trying to pay with card previously. Now collector calls from private and unknown numbers. What can I do. Thanks

  49. We have a contract buying property from someone we’ve know for a long time. Previously we paid by the month and several time by the year. When his first wife was in the hospital dying we offered and gave him two years in advance. When my husband was injured and disabled in a car wreck we fell behind by several months and was slow to catch up. He went to an attorney, who very well may be a debt collection attorney, and we got a loan to cover the amount due and then restarted regular payments. After two months he started returning payments and not cashing checks. He has now contacted the previous attorney again and are discussing suing for the full amount or eviction. I have been sending payments. How can he refuse them and then say we didn’t pay? What advise to you have to give?

  50. I submitted a promissary note with a payment amount and check. They declined, howver, they cashed my check and went forward with the judgment. Is this legal?

  51. The creditor sent a monthly payment schedule and amount to be paid. I sent the creditor 2X’s the requested amount. 2 weeks later I sent an additional payment 2X’s the amount and ahead of their schedule and they stamped the back of my check for deposit and then returned the check to me. Now a collection agency sent me a letter stating that I agreed to the $ amount and payment scheduled but I have not sent the payments as agreed upon. So now what……I have copies of all the letters and the checks.

  52. I have a bill that was sold to a collection agency. I called them to set up payment arrangements but they said they will only accept payment in full – either the full amount or a settlement amount. I can’t afford either one. They did say I could pay them $900 a month but I only bring home $1900 and have other bills to pay so I can keep a roof over my head. What are my options? Can I start sending monthly payments anyway? What if they refuse my payments?

  53. My daughter has paid her utility payment twice (over a period of time – not two times in a role) and twice they have sent her payment back to her, telling her she needs to pay in cash. This time they told her she must pay in cash every time and that they will not receive debit or checks again from her (she has never bounced a check with them). Not even when her bill was over $1,000. Does she have any type of recourse in this case where she is having her payment sent back to her and now being black listed by the utility company?

  54. I have heard nothing since I traded a lease in 13 months ago. I had to purchase an affordable vehicle to fit my power wheelchair. We tried to stay with the auto lease company but couldn’t afford what was needed. The new auto dealership made a deal that we could afford and took the old vehicle. They owned the old leased car auto dealership a mile away too. We paid the amount to terminate old lease that day online.
    The next morning I called the old lease company to report the car was turned in. They said I owed another 1300 dollars. I told them I couldn’t afford it and it was paid. I still had 5 months on the lease so I asked for the car back if I have to make payments. Inless than 24 hrs they grounded the car and was told it’s going to auction. If it got less than value I owed the difference, to stop it I had to pay the $1300 in 7 days.
    Now 13+ months later a collection agency is calling. We had a conference call 4 months ago with the 2 auto companies involved. This after many calls and the new leaser agreed they owed the money and we were let go from the call.
    Now I’m in collection threatening to report me to credit bureau if I don’t pay. I tried to explain and they lower it @ $300 dollars. They have been pushing for payment. I live on Social Security, Partial Injury Pension and a small State Injury funds. I have lost my home and my side electrical business and I’m wheelchair bound. I have some debt from putting my 2 sons through college and paying for things for my new living condition.
    I don’t have extra money right now and can’t afford a lawyer, to go after the company for grounding the car with time still on lease. I don’t want to ruin my credit and have rates raised on Credit Cards etc. We are living by a thread and any emergency could sink us for good. We haven’t had a vacation in 14 years or really any extra money to enjoy life. What to do?
    Thank You, John

  55. What laws protect Consumers, who pay their monthly bill, in full by online credit card payment, to the
    utility company; then, the utility company refunds the credit card payments, and sends a shutoff notice, because consumers would not provide SSN? The utility company is privately held, and does not perform credit checks?

    • You need to call the Utility Commission in your state. They are the ones in charge of how the power company handles things. Go to Google and type in the name of your state along with Utility Commission and it should bring up their contact info. They are great people to work with. They hold all utility companies accountable for their actions including costs that they charge.

  56. My insuranc. Paid over $50,000 the collector said I still owed $20,000 I had reach the max on my insuranc3 and everything was supposed to be be paid in full, but we.I aren’t contracted with them they didn’t now I’m stuck the collector said they would take $7,500 as settlement but won’t take payments and if didn’t pay would put lien on our home for full amount is there any help for me?

  57. How can I fix my current issue. I was having payment taken via direct deposit to pay my car loan. The original company then sold my loan to another company. I was told then to mail my payments to the new company which I did. Then my payments where returned months later stated they sold my loan to another company. Now when the new company contacted me stating I needed to pay them twice the amount I was to pay them and changed my payment amount without my knowledge or concent. Every time I have called the company to get this fixed they refuse to do so or even allow me to speak to management. Now they are harrasing my children and other family members calling all hours threading them. How do I fix this?

  58. I have been trying to clean up my credit report, in doing so I came across some unpaid medical bills (mostly from 2009). I reached out to the company to work out a payment plan, during the discussion we went over contact information and I informed the lady that I was completely unfamiliar with the address they had on file; that it wasn’t even the address that the hospital had or that the other medical bills that did get paid were sent to. As I reached out to them to get this fixed I also gave them my current address (which I’ve lived in for 5 years and has been on my drivers license for the last 4 years) my legal last name and current employment; then I went on to try to set up a payment plan. They refused to accept my monthly payments as their minimum acceptable monthly payment is $250, then she ended the conversation. I called back a couple days later and spoke to manager who said she would send me a copy of the amounts they had on file then she ended the conversation. Over the next few weeks I called several times and if anyone answered the phone they refused to speak to me and sent me to various voicemail’s. Every time I was sent to a voicemail I left a message with my name and phone number stating that I was calling to set up a payment plan; my phone calls were not returned. Now they are garnishing my wages, do I have any rights in this situation?

  59. I had financial aid in 2011 and 2012. During the school year I had a really bad health problem arise and was unable to drop my classes. I was put on financial aid suspension and I won my appeal. The school said that I have to pay them $1055.00 before I can go back to school they will not release my transcript to any school. Until I pay it. It is now in collection. I have financial aid waiting for me, they just won’t release my transcript. What can I do?

  60. What if you pay the full price of a debt, only to get a letter from a lawyer two days later? I had two surgeries in six months. The first hospital was great and let me put everything I owed after the fact into one loan. The second hospital only had a deal with the bank for hospital bill alone. So an additional $900 plus beside the $10,000 combined bills. I work three jobs now to help pay these debts. I finally got a month with three pay checks and paid four smaller bills. The one in question was for $76.82. After I sent it, that is when I got the letter from the lawyer. Can the doctor’s office refuse to cash my check. I’m afraid if I pay the lawyer, THEN the office will cash my check.

  61. I bought a snow plow and had it installed on my truck from a auto dealership. I tried to pay in full at the time of completion of work. The agent said he would bill me later. a month went by and I again made contact with sales agent to pay in full, he said not to worry about right now, we will square up soon. This happened again a month or so later with same results. A few month later I was in the dealership for other service needs when the salesman who sold me the plow walked by. I told him that I wanted to pay my bill in full and laid my credit card on the counter top, his reply was that he didn’t have time to do it at that moment. I told him to bill me and he said he would. It has been 11 months and no word. Am I still responsible for this debt?

  62. My daughter has a fha morgage her husband lost his job and they fell behind on morgage. They have come up with 2500 of tbe 3500 due. Sent the check and they have sent it back now they are saying she has to pay lawyer fees and full balance at ince or they will lose the house dhe has 4 children one terminally ill. What can thry do they have tried talking on phone lady said sorry about problem but nothing they can do.

  63. I have a debt collector in Colorado That has refused both times I’ve tried to set up payments. The first time they called me at work and I told them I could guarantee $75 a month. They told me that wasn’t enough and it would take to long to pay it off. The second time I was flat out refused. I had sat down and figured up my bills and it was tax season so i knew I could do a whole lot more than I had originally figured but when I called and I got transferred to the supervisor who told me the only payment that he would accept is payment in full, that’s over $4000, and wouldn’t even listen to what my offer was saying I don’t believe you will make your payments so I will not set up any payment plan for you. I got angry and told him if they can’t accept payments my only other choice is bankruptcy then nobody would get payed. then he hung up on me. I really don’t want to file for bankruptcy. I’m trying to improve my credit so I can buy a home and stop paying rent, Do I have any options ???

  64. I have a payment agreement in writing with an ambulance company for emergency transportation. I have kept my end of the deal, and they have taken the first agreed upon payment from my account. Now they are saying that their agent should never have agreed to it and that they will be taking out more than double the agreed upon amount go forward. Aren’t they bound by the written agreement like I am? Can they legally do this?

  65. I’m about to share something actually worthy of mention, unlike opinions and legal advice. The most powerful and under utilized tactic is not a tactic at all. It’s common sense and you should never talk about anything else until you receive it, which you won’t, because they can’t provide it.

    It’s called a verifiable paper trail, and without it, nothing can be proven.

  66. My best friend obtained a loan for me. A personal loan. The loan lady talked him into getting more than I needed in order to turn right around the next day and pay half of it back. She stated that it would be applied as individual monthly payments that would pay me up for over a year and a half. This was done. Because I could not afford the monthly payments ($273), this is why she offered this option. She said I could then make monthly payments of $100 and that would keep me ahead on payments since over a year’s worth of payments would be paid. My $100 would keep adding up and I would be ahead on payments. So, he did this. We have never gotten a loan before. He told them point blank that I would make all payments. She agreed to this. I also took a cash payment to their office of $125. She said she could not give me a receipt because there was printer issues and they would mail me one. They never did. So, I have made these payments every month. .I missed a couple of months, but since I was so far ahead, didn’t worry. All of these payments came out of my bank account, never his. I called to make a payment 3 months ago and the lady refused my payment. I have it recorded. She said she wasn’t going to take it. I tried paying, she said no. Since then, they are calling him, his job and me. Sometimes 7-8 times a day. Wanting the payment, even though they refused it. They were asked by his employer to stop calling there but they still continue to do so. We are in NC and know for a fact if they are asked to stop calling your job, they must comply. This company was One Main when the loan was obtained. They have since been bought out by Springleaf and have changed alot of stuff like terms, interest rates, etc. Anyway, they are calling late at night from personal cell phones, calling multiple times during the day and refusing to stop the harassment. They are leaving messages that they are a debt collector trying to collect. They are not a debt collector. They are a loan company. I have called the Federal Reserve and am waiting on complaint forms to arrive in the mail. But what options do we have? The harassment has gotten out of hand. I am sick with a rare bone disease. I don’t work because of it and am very short on income. My disability is very low. That’s why I agreed to the $100 monthly. I really can’t afford that but try hard to. As for the $125 in cash, they are saying I never gave it to them. That it wasn’t paid. We were there in person, gave it to the lady who processed the loan. Now, she no longer works at that location. They refuse to say where she is or to contact her to verify the $125. Please help! We are at a complete loss dealing with this. They are saying I am behind several months which I’m not. They are saying the $3000 was applied as a lump sum, not monthly payments like she promised. I don’t want my friend to have to go to court and lose time from work over this. I also do not want this put against his credit. What they are doing is wrong!

    • Wow, a lot to unpack there. Sounds like both your rights have been violated, and probably under several laws. You are both likely entitled to damages. We’d like to hear more, please respond to our email or call the office.

  67. Some states do negate the debt if an attempt to pay is refused. I was living in Florida, had a $120 debt and offered $20 to them, the payment was refunded to me and I got a court summons for the debt. The judge saw my attempt to pay, and told them that unless they accept even a partial payment, the debt will be null and void.

    My lawyer said that the total debt divided by 24 months or $20 which ever is higher is the minimum courts will accept as legally attempting to pay the debt.

  68. I know I’m being petty, but I’m just really annoyed about the whole situation that sent me to a debt collector. I also think debt collectors are the scum of the earth. So I paid my debt in full on their website, and cursed at them in the memo field. I got a receipt for my payment and subsequently got an email from the debt collector saying that they would not run my payment because I made inappropriate comments on the payment screen. But I don’t know of any law that supports that claim, nor did I find anything on their website that suggests that the acceptance of a debt paid in full is just arbitrarily left up to their discretion. Do I have any way of getting out of paying the debt now?

    • We sent you an email, did you respond or call? Short answers are: this refusal doesn’t, in and of itself, get you out of the debt, but that collector cannot refuse your payment and it may be an FDCPA violation that they did, and you might be entitled to damages. Call or respond to our email please.

  69. We have been paying off a debt settlement with a third party debt collector for a few years (after a legal judgement). It’s about 30% paid off. There is an agreed-upon monthly payment. For the past four months, they haven’t been cashing our bank checks. (I only realized when the bank credited the amount back to us in April) I called the law offices and left a message explaining the situation and asking them to call me back, and they didn’t.

    I’m worried that they are trying to create a reason to sue us, but I have documentation of all the checks.
    Should I continue to send checks?
    Is there a chance that the amounts of the bank checks they are not cashing could be legally taken off our debt?

    • First you should be sending the checks registered mail so you have proof of mailing. There is probably a reason they aren’t cashing the checks, including maybe they lost the account (but didn’t tell you). We sent you an email asking for additional info, please reply or call. No cost or obligation.

  70. I took out an online loan for $1000, the interest rates are super high and I couldn’t handle the payments every other week, but I hadn’t missed a payment yet, so I sent a proposal letter certified to the company stating new payment terms that I could handle with the dates of payment and the total of the loan to date which was about $1500. I stated in the letter that accepting my payments would constitute that they accepted my new terms. I’ve sent two payments so far, they cashed both, sent me email confirmations even, but last month I noticed that they reported me as delinquent to the credit bureaus and it caused a 57 point drop in my score – mind you they never even reported the loan originally to the credit bureaus. Am I able to fight this and have the delinquent account removed now or do I have to wait until I pay off the account? Also I should note, this company is not licensed to do business in my state.

    • There’s a lot to unpack in there. We sent you an email, we need more info. We’d like to see the paperwork attendant to the loan as there are often EFTA and TILA violations in such loans (up to $1k+ damages plus fees under each law). Can you respond to our email or call please? We’d love to see how we can help.

  71. I found out 2 weeks ago that I owed a balance to Franklin University from two years ago. I moved out of state shortly after the class ended and never got the bill even though I did submit a change of address with the USPS. I have never received a collection notice from the “collection agency” nor have I received a phone call. The debt does not appear on my credit report either. I called them today and offered to pay in full and they refused to take my payment and referred me to the OCA. I explained that it’s not fair that I should have to deal with the OCA as I didn’t know about the balance and I’m offering to pay them today in full. They still refused to take my money. What recourse do I have and to I still owe the money?

    • Called who? How did you find out about the debt? Who is the OCA? You likely still owe the money, if you ever did. We sent you an email seeking additional info, please call or reply.

  72. I was behind in my condo association payments and it went to collections. I wanted arbitration so I could pay them in full which was rejected. I made three payments that was rejected by the groups involved. So despite making an attempt to pay them they put a lien on my place that was scheduled to go to a sheriff sale. I had to borrow money to pay a debt that went from 1400 to 3700 in a matter of 2 months. They would have had their money in full in February, Do I have any recourse against them? If I understand above, the amounts I tried to pay them should be taken off against the amount I owed. Help me out if you can

    • Sounds like it, but we’d like to see the documentation. Depending on what state the condo is in there may be fair debt claims, an d depending on how you pay your dues (e.g., by electronic debit) there may be EFTA claims. There’s damages available to recover under either statute, and other laws may apply too. We sent you an email for additional info, please reply or call.

      • What type of documentation would you need to see?

        • First, we don’t want to have a private conversation publicly, so you should call for a no cost, no obligation private case review. But speaking generally to a situation like the one you describe: the Association ledger to start, as that is a form of proof to your indebtedness. Second, evidence (even if just a detailed statement) describing/supporting the statements: “it went to collections,” as collections includes a “G” letter and perhaps other collection documentation, as well as proof you “made three payments that was rejected.” Then, the lien. But if you borrowed money from e.g. a payday lender or title company (not from a friend), your rights under TILA and EFTA might have been violated, and each of those laws provides cash damages. In short, we need more a lot more info to answer the ultimate question you asked: do you have any recourse?

          • The reason I asked the questions was that you said you sent me an email but I did not get it. What is a G letter? What number do I call?

          • Sorry to hear that. A G letter is the letter a debt collector must send within 5 days of the initial communication with you. Our number is 888-595-9111.

  73. In December, 2015, I had the electricity turned on in my name for my sister’s boyfriend (in NC). He had just been approved for partial disability from the VA and had to move out of where he was currently staying. He lived there five months and amassed $1,058 in electrical bills that I paid and was to be paid back when he received his 100% disabled designation (for PTSD, but really leftover issues from LSD) as he would get a settlement at that time. In May, 2016, he moved to FL to live with his son and had still not received the settlement. In November, 2016 he moved back to NC and my sister talked me into letting him rent a room in my house until he could get into government housing. That move was in December 2016. He asked to borrow $200 to help him through to January 1, 2017 when he would receive his check as December’s check was pretty much gone. He told me at the time that he had received word that his settlement would be paid to him by May 1, 2017. He was declared 100% disabled and received a settlement of $58,000 in the last week of April. By May 18 when he made no move to pay me, I sent a letter outlining the money and told him I would be willing to accept $1200 even on the debt and wanted the money no later than May 25. He is not communicating with me however he called my sister and told her he would send me some money on it. I have waited a year for the bulk of this money. I do not want to wait any longer and this man has no ties to this area and the only family who gets along with him is in FL and if he leaves I will never get repaid. Do I have to accept this partial payment or am I able to go ahead and file in small claims court if he does not pay me in full?

  74. I have a car financed through regional finance and its in my brother’s name. I was late with a ayment and went to pay my past due and they wouldn’t accept it in office. Told me they couldn’t accept one paymnent i had to make 2. So i finally did. Long story short, i was late again and same thing again…so i called regional headquarters and spoke to supervisor..he asked if i could make payment of $750 for 2 payments and he could defer other. I called him back and told him i couldn’t come up with it but said i could pay it all in couple weeks on the 3rd. He said no and for me to take car n park it in regional parking lot. I will not do no such thing. What are my rights now and repossession laws.

    • It depends on some additional facts. How did you make those payments? If you made them electronically your EFTA rights may be implicated and that’s a possible recovery of $1k or more (leverage against repo too)! We sent you an email for some addition info, please reply or call and we will try to help.

  75. I had an attorney work on a child support modification case for me, which she took two years to complete ( from 2002 to 2004). When I hired her, I told her I did not have money and had used my credit cards etc to pay. I supplied her with documentation showing my ex-husband had an income of $35,000 per month and owned $5 million dollars in real estate. She told me it was a landmark case and she had someone that would finance the case. Once she found out that my ex was going to hire attorneys that knew how to fight (one is listed as a “cockroach in a suit” in a news article), she passed my case on several times to different attorneys in her firm, each time tacking on fees for “reviews” etc. Some of the billings had nothing to do with my case and was incorrectly billed. She at one point when she realized the case wasn’t going in her favor, asked that I sign a paper giving her a lien on my home. when I refused, she asked the court for a lien but the judge refused to give her one. After that any documents supplied to her regarding the case, including account information showing my ex was hiding a bank account with $2 million dollars in it and she refused to use it in court. As I had no money, I could not change attorneys and the court had already told me I had to have an attorney because of the complexity of the case. Long story short, the child support was raised to all of $1400 for two kids (up from $900), one daughter was born with a major heart problem and my ex never did pay for the health insurance he was supposed to pay. the attorney quit as soon as the case was done. When my ex appealed the case I handled the appeal myself and won.
    I have made payments monthly on the bill since 2004 and for years wrote that I did not agree with the billing on the back of the checks, which they accepted and never responded to.
    I am 0ver 30% disabled and currently unemployed as I am primary care giver to my 85 year old mother-in-law, right now there is no income yet I have continued to send her a payment of $15 per month and she has accepted it without any response for 13 years. Now she is suing me for approximately $75,000. Interesting enough, her amount is based on a date of her billing before the case was finished and also before the date that the court ordered my ex to pay $25,000 of the bill, which I believe he paid at least part of but she isn’t crediting.
    I understand that I don’t have recourse as far as statue of limitation because I have made the payments continually for 13 years, but do I have any hope having made a monthly payment and her having accepted it all these years? The case took place in California and I now live in Montana. I am going to have to go to court in California. Thank you

  76. A little over a year ago I called a hospital my husband owed a bill to and we had been making payments to and told them i wanted to pay the bill in full. I paid the amount I was told and went on with my life not thinking much of it. A few months later we started getting those recorded calls wanting to speak with my husband. It was a few months before we ever got one when he was home. It turned out it was a collection call about that hospital bill. We told them there had been a mistake and to call the hospital about it. My husband gave them consent to talk to me about the bill whenever they had it straightened put. They never straightened it out but kept calling. So I called the hospital. They hadn’t given me a correct payoff amount and we still owed 80-some-odd dollars. So I called the collection agency, told them about thaw mistake, and promised to pay when we got paid at thaw end/first of the month. Our landline phone has been out of order for the past 2 weeks and I forgot about paying them until today. I called today to pay in full and they refused because I am not my husband and didn’t know the specific amount owed. They had a policy change and his permission is only good for that day. What do I do to pay this? We haven’t gotten any letters and they don’t call when he is home.

    • Do you still have those voice mails? They may violate the TCPA (explained in our Guide To Understanding Basic Consumer Rights) and we’d love to listen to them.

      Our firm offers free case reviews at no cost to you to help protect your consumer rights anytime you:
      • Receive contact from a creditor or debt collector to collect a debt;
      • Receive unwanted computerized robocalls or texts to your cell phone (even after you’ve told them to stop);
      • Notice inaccurate information on your credit report (even after you disputed with the credit bureaus);
      • Obtain a loan, lease, or purchase an item on credit;
      • Enter into an autopay arrangement with a creditor (i.e., gym membership, car loan, etc.);
      • Purchase a lemon vehicle or other consumer product;
      • Need help settling debts for less than the full balance; or,
      • Have any other consumer issue you would like us to look into at no cost to you.

      We constantly review documents related to all these situations to determine if consumer rights have been violated under applicable consumer laws. Evidence such as collection letters, loan/lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and/or any other files related to consumer situations are all very ripe for violations of consumer laws that provide these “statutory damages” to consumers. Simply email us a short description of your issue and any related documents such as collection letters, loan/lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and/or any other relevant documents.

  77. What if I have a hospital bill that is 1000 dollars and I can not afford to pay it in one lump sum or pay what their computers calculate the minimum payment needs to be? I can afford roughly 25 a month because Im on a fixed income but my income doesnt qualify me for Welfare or Medicade. After Bills and food I am left with not alot of money for the rest of the month. What are my options

  78. I just got off the phone with Pacific Union financial they have been the worst people to deal with as far as my loan that was sold to them. Im behind because I fell on hard times, I tried to make a payment prior to this which apparently was not taken even though I called to make it. I asked then to tell me if the notes from the previous call where I actually made a payment stated that I called to make a payment, This agent told me first that they were the only ones that have ever accessed my account that have left any notes, then later in the call told me they couldnt see any notes till they were off the call. They also told me I could not make a payment lower than, 2 times what the loan monthly payment was because I was behind. When I asked if they were refusing to take a 1300.00 payment the agent again said that they could not accept it that I had to send in a payment. This is after already closing down 1 way of making payments online. So now I cant make a payment online, I cant make a payment over the phone, I have to send in a payment, and I cant make a payment lower than double the monthly payment. Then when I asked for a supervisor they said one would contact me, and proceeded to tell me they could not be held on the phone because I wouldnt accept their answer even though they were dodging my questions and then told me they were disconnecting and hung up on me….I have tried to make payments and have tried to catch up but they keep making it harder and harder and even told me word for word they could not work with me to help make payments. Do I have any rights or am I just going to keep going farther and farther behind because they wont let me pay anything?

  79. Trying to clean up my credit and called ancollection company I saw some medical bills so I called and asked for verification of them. They company refused to mail me copies because I had requested them 3 years 4 years ago, which I apparently never got. Now they refuse to send new copies and stated if I wanted them I had to Go into their office to get them. When I told them that wasn’t possible, I moved cross country, they again refused to send them and refused to let me pay any balances. I’m trying to buy a home and this is the only thing holding me back.

  80. My girlfriend was buying a car, financing was handled with a large (well known) company. She asked for extensions from time to time in the past. When we got together I found that only $9.00 a month was going towards her balance, the rest ($410.00 a month) went to the finance company. (interest?)

    Long story short, I contacted them and we were told that because of the extensions, and because she never “caught up” on those extensions all of her payments for the past 1 1/2 years were going to “interest”, and $9.00 a month towards the balance.

    She says she was never told this. The rep was VERY rude, condescending, and wouldn’t let us record the conversations although they were recording us. They say it’s in her contract, which she no longer has access to. (another long story) so we asked why wasn’t she told each time she asked for the extension, the response was they didn’t have to….

    Needless to say, I can’t see her paying another $15,000.00 for a vehicle that’s worth maybe $1,500.00. Are we stuck with this debt??

  81. I have two open accounts. I’m trying to pay off one now. Collector told me they won’t take one payoff now unless I schedule to make another payoff date. Is this legal?

  82. I appealed my daughters custody case, I lost the appeal and was court ordered to pay the opposing attorneys fee of $1500. I have made two small payments by check to this attorney and she has cashed/deposited both checks. I received a letter from this attorney calling my checks “humorous “ and demanding payment in full or else be held in contempt and forced to pay additional fees. I am literally paycheck to paycheck and cannot possibly pay the amount in full. I cannot afford an attorney myself and need advice on what I can do. I can provide pay stubs and monthly bills as proof of my financial situation, but this attorneys threatening letter has me very worried. Any advice is greatly appreciated. Thank you.

  83. I have sent my payment agreement letter to my debt collector stating how much I could pay monthly resulting in a balance paid in full by month 6 and today I received a response in the mail. I opened the envelope to find a copy of my own letter that I had mailed with writing on the bottom corner stating “contact the office” in red ink with their business card attached. In my letter i had stated to please respond in writing with decision. Can I request another letter stating they must reply to my letter in writing? I feel they are trying to get me in the phone to bully me.

  84. I need help with something. I’m going through debt settlement but one of my creditors, whom had previously agreed to a settlement amount and payment arrangement, began refusing the payments in September 2017. The debt was scheduled to be discharged this September (2018). NDR is researching in an attempt to figure out what’s going on but it looks like the original creditor, Springleaf, didn’t like the settlement agreed upon by the collection lawyer they retained. This is after months of payments by the way.

    I’ve Googled every term I can think of to find an answer to this but I can find nothing about what to do when a CREDITOR breaks a payment arrangement. There’s a plethora of information about what can happen when the debtor breaks an arrangement. Is this in violation of the FDCA by some chance?

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