Legal Question in Credit and Debt Law in Utah

Agreed settlement in writing

I co-signed for a cell phone for my son, he ran up a bill and then didn't pay, I know I am stuck paying it. However they keep uping the balance due. The original bill was $1500.00, I starting paying and the collection agency was adding $100 a month to the bill. I objected and next thing I know another agency has the bill and they took the balance due after the $100 a month increases. I've tried explaining to them but to no avail. They say they will settle for $1100, which is about right, but won't put it in writing. Do I have the right to have the balance due in writing so they can't collect more than that?


Asked on 6/14/04, 2:34 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Agreed settlement in writing

You are dealing with a collector who will probably not put anything in writing. His/her manager might, but probably not. The simplest way is to write on the face and back of your check "Negotiation of this check is payment in full of the debt by [you and your son] account # [phone acct number] and [collectors account #]. If they cash the check it is paid. If someone comes after more, then your check is your receipt for payment in full, plus you would have a cause of action under the Fair Debt Collection Practices Act.

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Answered on 6/14/04, 5:33 pm


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