Legal Question in Credit and Debt Law in Georgia

What if a collection agency returns my check that I sent them to attempt to pay on a old bill ? They say i have to sign an agreement.


Asked on 7/20/11, 8:26 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all NEVER EVER pay a debt to a collector by check. It is very dangerous for them to know where you bank.

Second, never sign an agreement with a creditor, especially with an old bill, before you talk to a lawyer. It may even be too old to be collectible. And there may be problems with signing an agreement.

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Answered on 7/20/11, 8:39 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

The money you pay a lawyer can be used to pay the debt instead, but you provided no details at all other than you sent a check and they sent it back. No one here knows the amount they are claiming, the amount you sent, the terms of any agreement you made or anything else. You won't get much of a response without facts (other than the good advice to not sent a check). A written agreement and settlement may or may not be a good idea, depending on the terms.

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Answered on 7/21/11, 4:47 am

Maybe them returning your check was a good thing. If the statute of limitations has expired, payment by you could possibly revive the debt.

Do things correctly. Get some legal advice before you make any payments to debt collectors. First, you don't pay a dime until you get some kind of agreement in writing. Unless you are paying off a debt in a lump sum payment, I would not recommend using a personal check although legitimate debt collectors or lawyers are not going to risk their licenses doing something stupid. You should always make a copy of any payments before you send them.

If a lawsuit has been filed or judgment entered, creditors want you to sign a document called a "confession of judgment." Is this what you were asked to sign? If not, then you should definitely have a lawyer review it BEFORE you sign it or send in any money.

I give free email consults. I also resolve debts for Georgia clients for a reasonable fee. Please contact me at [email protected] if interested.

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Answered on 7/21/11, 5:16 pm


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