Legal Question in Credit and Debt Law in California

Debt Collector Threatening to Sue Me

I requested a copy of my credit report so that I could clean it up and pay off some old debts. I called a credit agency that I owed money to and asked for my current balance and if I could set up a payment plan. They asked me for my current phone number and address before giving me their answer. They said that I owed $350.23. They will told me thatthey would not accept payments and I must pay in full. I told her that I could not afford to pay in full and she laughed and said that she is contacting their attorneys and they are taking me to court. I then explained that I wanted to pay and that;s exactly why I called. I told her I would send payments and she would cash them but that my balance would still accrue interest... which is fine with me. I just want to pay this off and move on.

My question is: If I am making the attempt to clear this debt and making payments to them, can they take legal action against me?


Asked on 10/29/02, 7:09 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Debt Collector Threatening to Sue Me

Thank you for your posting. They can take legal action against you as long as you are in default of your agreement, even if the amount is one cent ($0.01).

However, will they? It will cost a collection agency at least a couple of hundred dollars to sue you, so it may not be worth it for them to pursue you as long as they are receiving something.

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Answered on 10/29/02, 8:24 pm


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