Legal Question in Credit and Debt Law in New York

credit card collections

My sister owes about $4,900 on a credit card that went to collections. The collection agent is extremely rude and yelling and demanding that she make a payment of at least $3,500 or they are going to sue her and garnish her paycheck. She has told them that she can make payments of $300 a month but they just keep saying they are going to sue if she does not send in $3,500. She contacted her credit card company and asked if she can make payments to them since the collection agency is so rude and keep on yelling at her. They agreed but the collection agency keeps calling and threatening to sue. Is it legal for her to make payments directly to the credit card company and what are her options at this point?


Asked on 5/09/07, 11:25 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: credit card collections

Get the credit card company to agree to the monthly payments IN WRITING. Once you have that the colletion agency cannot do anything. Also, write to the collection agency (certified mail return receipt requested) and tell them you are settling direct with the creditor and NOT to contact you again. There is a federal law that you should refer to FFDCPA (federal fair debt collections practices act) that gives you the right to tell the collection agency to STOP. WRITE to the agency (if you know their address) and refer to that law "FFDCPA" and make you deal (in writing both ways) with the credit card company...if it is NOT in writing, don't send money...no matter what they say, they'll deny there was a deal down the road. THE DEAL MUST BE IN WRITING FROM THE CREDIT CARD COMPANY...

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Answered on 5/16/07, 10:00 am


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