Payments to prevent a complaint being filed

Today I received a call from a credit debt collector stating that I needed to make a payment so they would not file a complaint. First they lied saying they were collecting for the original creditor, not themselves & told me the original creditor offered a settlement. Could not pay that amount. So they said if I paid half the balance now and the other half next month, they would not file a complaint.If I make any type of payment, can they still file the complaint against me immediately?

Asked on June 25, 2009 under Bankruptcy Law, Maryland


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although its impossible to speak for exactly how a person or company will act in general if you set up a payment plan a collection agency will not file a complaint against you. Usually they will have you sign a stipulation of settlement or something to that effect that sets forth the terms of the agreement and how exactly it will play itself out. If you are concerned you may request such a document if they don't offer one. Explain you want something setting forth the terms of the agreement, that you will pay a certain amount at certain times and they will close the file and mark it as settled if the terms are met. This will protect both parties and they should have no problem with that

Also if your concernd with how they may handle the situation it is always advised to hire a local attorney to handle things for you. The attorney will ensure no action is filed if the settlement is followed through with and it is always good to have someone watching out for your best interests. But as a general rule with an agreed settlement no further legal action is taken as long as the terms are met.

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