Legal Question in Credit and Debt Law in Minnesota
Collection
We have had an attorney's office contact us about an old debt on a credit card.Over the phone we set it up that every month they will take so much money out of our checking account until the debt is paid.They want my husband to sign a piece of paper and have it notarized. My husband refuses to sign it. They have said that if my husband doesn't sign it then our agreement is null and void. They have already taken two payments so far. If the paper isn't signed they will take us to court and place a judgement on us and we will have to pay the attorney fees on top of the debt. I have been told by a friend who use to work in a collection agency not to sign because they are getting their payments.The paper pretty much says that we agree to pay the debt off in nine months at so much money a month and at a certain percentage. If they already started taking their payments out of our account can they still push the court thing? If they can and they do can we have the payment lowered?
Thank you.
1 Answer from Attorneys
Re: Collection
I would suggest contacting an attorney to discuss the FDCPA, a federal law concerning fair debt collecting practices. An attorney may also be able to negotiate a lower payment and even a discounted payment arrangment. Feel free to contact my office with any questions.