Legal Question in Credit and Debt Law in Missouri

refusal of payment

I was recently contacted by a collection agency and I offered to pay him $25 a month unitl I could afford to pay the bill in full. He told me that he couldnt accept that amount. So I ask him if I sent you a $25 check you would send it back to me and he said yes I would what are my options if I do send the check and he sends it back I need to know my rights Thank you for your time


Asked on 12/11/02, 11:50 am

2 Answers from Attorneys

Anthony Smith LawSmith

Re: refusal of payment

If the debt is legitimate, there is no requirement that they accept a lesser amount. They might even hamper their clients' (the creditor) ability to enforce the entire amount in a lawsuit. If they will not accept $25 per month, and you can't afford to pay more, then start setting aside the $25 each month into an account to be used to pay the entire debt when it reaches that level. When the collector calls or writes, tell them what you are doing. I think that they will offer to settle teh debt for a portion of what is owed.

Good Luck

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Answered on 12/11/02, 12:00 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: refusal of payment

The answer posted by Anthony white is a good one, but there are other options. You might consider sending the collection agency a certified letter stating that the account is disputed and that you insist they cease all further contact with you. You might also insist that a copy of your letter be forwarded to any credit bureau that has been advised of the debt. You should warn the collection agency that any failure to comply with your requests will be considered a violation of the Fair Debt Collection Practices Act. Then, you can send your partial payments directly to the creditor. In fact, you can always send a partial payment directly to the creditor. There is really no reason for the creditor to refuse a payment. Good luck.

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Answered on 12/11/02, 9:02 pm


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