After you pay a creditor an agreed amount on a debt to be paid in full, can they ask for more money?
Question Details:
I received a settlement letter from a debt collector; the amount owed was $2668. In the letter it says that if I pay $750 (broken into 3 installments of $250) the account would then be paid in full. After paying it. I called to ask about my status and the lady said that there was a mistake in the letter and that the amount should have said $2750 not $750. First of all that's more then what I owed and, second, $250 x 3 isn't $2750. After I said thaty I would have to talk to a lawyer she said that she could refund my money and that since it was their mistake all she wants is $535 more. Is this legal? What should I do?
If you received a settlement offer, accepted its terms, and complied with its terms, then that offer was a binding contract between you and the debt collector and they would be bound to its terms. It is sometimes possible to overturn a contract if of either of the following existed: 1) mutual mistake--both parties thought it meant something other than what it did; or 2) unilateral mistake plus fraud--that is, you basically tricked them into agreeing to the wrong thing.
From what you write, it would appear than neither of these conditions existed; therefore, you'd have a good chance of holding them to this agreement. On the other hand, if they sue you, they *might* win--lawsuits are never certain--and defending yourself from a suit has its own costs. You may wish to consider whether it would be worthwhile taking the offer (make sure its firm in writing!) to avoid possibly being sued.


Are you a lawyer?