If I want to make monthly payments to collections agency, how do I avoid going to court after receiving a summons today?

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If I want to make monthly payments to collections agency, how do I avoid going to court after receiving a summons today?

I am working with a consolidation company and set up a monthly payment plan of $500 to send to the collection agency. I made my first payment about 10 days ago. I want to avoid going to court and having my banking account seized and/or salary garnished. Do I contact the collection agency directly or have the consolidation company contact them on my behalf? I do not want to claim bankruptcy and want to pay off this debt.

Asked on December 26, 2011 under Bankruptcy Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the collection agency agrees to a certain payment plan and you honor that plan (that is, you make payments under the plan, on time), you should not be sued. The key then is that the collections agency must agree to the plan--it's not enough that you've been sending them certain amounts (either directly or through the consolidation company), since the collections agency must actively agree to the plan. So to avoid court, make sure you have the collection agency's agreement--in writing, so you can prove it--and that you then honor the agreed-to plan.


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