Legal Question in Credit and Debt Law in New York

Collection Agency is suing while Creditor has accepted pay
I have a cc bill for that was sent to a collection agency. I have to appear in civil court. I contacted them and told them about the debt management program and the payment proposal that was sent to the he orignal creditor. The CA told me that that the proposal would not be accepted and that I would have to negotiate with them. I set a payment plan with the CA. A day later the creditor sent me a letter that they accepted the proposal from my debt management program.I contacted the CA and left them a message explaining about the letter that the creditor had sent me and that I wanted to talk to the collection agency prior to them signing our phone payment plan and I sending the first payment. I now had an arrangement with the collection agency and a another accepted proposal with the creditor which were different. The collection agency hasn't called me back. In the meantime, the debt management program has sent the first payment to the creditor which is much smaller that what the collection agency wanted. What are my rights? I have called the collection agency but no one returns my calls. Which agreement is valid. Do I still have to appear in court.

Asked on 4/25/03, 10:00 pm

David Slater David P. Slater, Esq.

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Re: Collection Agency is suing while Creditor has accepted pay

You must appear in court and advise the judge of the settlement with the creditor directly. Show him the letter and the cancelled check.

Answered on 4/26/03, 6:22 am

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