Legal Question in Credit and Debt Law in Kansas

have been making monthly payments for over a year now they send me to a collection agency.they have never sent back a payment.is this legal?


Asked on 11/04/13, 9:07 am

1 Answer from Attorneys

Anthony Smith LawSmith

If you are making payments in exchange for an agreement not to do anything else to collect this debt, then sending it to a collection agency, that then contacts you violates that agreement, and possibly several laws. But, if you've been sending payments (that are less than the entire amount due at that time) , in the hopes that they wouldn't do anything else to collect the debt, you may be out of luck. There is probably nothing that says they have to be happy with what you choose to send. Without an agreement to the contrary, they can pursue any legitimate debt. If you pay off the the debt, the collection agency has to leave you alone. If you cannot do that, perhaps they can get an agreement to except less in total, or certain amounts paid each month toward the total debt.

Good luck

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Answered on 11/04/13, 11:33 am


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