Legal Question in Credit and Debt Law in New York
Providing a copy of my stipulation to collection agency
Three years ago re: credit card debt, I went to court and was given a Stipulation detailing the amount I was to pay monthly until the debt was repaid. I have paid on time each month in keeping with this Stipulation. About a year and a half ago, the law office I sent my payments to gave my account over to another collection agency, however the amount owed was incorrect. I sent a letter stating the amount was incorrect and was sent back a breakdown which was given to them by their ''client.'' I continued to make my payments on time noting on each payment that the amount was incorrect.
This month will be my last payment to repay the debt in full. The collection agency has the amount I am to repay still incorrect and are now asking me to send a copy of my Stipulation with the amount I was supposed to pay.
Is this not their responsibility to obtain a copy of the Stipulation if they are unclear about the amount owed?
Thank you for your time.
3 Answers from Attorneys
Re: Providing a copy of my stipulation to collection agency
send them the stip (copy). When you prepare the final payment write on the back of the check "full and final payment Index No. xxxxx/xx". (replace the xx's with the actual index number written on the stip). When the last check is negotiated and comes back in your statement, go to court and ask the clerk if you can discontinue the action since you paid off the settlement (bring ALL your cancelled checks)...by the way the attorney firm really cannot transfer your settlement to antoher company and then change the deal. Your stipulation is on file with the court. If you can show you paid in full they have to file a discontinuance WITH PREJUDICE <----that is important...means they cannot sue you again...with the court. Good luck
Re: Providing a copy of my stipulation to collection agency
If I were you I would write what is termed a limiting endrosement on your final check, in the memo section write in 'Final payment in satisfaction of **then write in the account number and/or the docket number of yoru case** I would then further get a copy of the stipulation and send the billing company a copy, and of course maintain a copy for your records, then simply hold on to your receipts and/ or canceleld checks and if they bring another action in court you will have two absolute defenses, one being that you have paid the amounts as due on the stipulation and finally the limiting endorsement will serve as a contract so if they cash the check it will serve as a legal agreement that your debt is fully satisfied with them.
Much Luck
Carlos Gonzalez, Esq.
7185419077
Re: Providing a copy of my stipulation to collection agency
Let's be realistic. If you want the problem to go away, why not cooperate?
Good Luck
RRG