Legal Question in Credit and Debt Law in Michigan
Collections Agencies
Can a collection agency take legal action against a debtor for not setting up a payment plan although the debtor is paying continuously on the account?
1 Answer from Attorneys
Re: Collections Agencies
If a debtor is in default on the account, a creditor may have the right to accelerate the debt under the agreement, including the potential for legal action. If, as your question seems to indicate, the debtor is already in default and the account is with a collection agency, the agency may seek legal action if a satisfactory payment plan is not adhered to or agreed to - i.e. the agency would not have to accept an "unagreeable" payment plan. Note: the foregoing advice is for general use only. If you have any further questions, please feel free to e-mail me at [email protected] or consult my attorney profile.