Can a creditor ask mefor more money if I already paid the collection agency?

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Can a creditor ask mefor more money if I already paid the collection agency?

My photographer sent me to collections. I paid the collection agency over $1600 and now the photographer wants an additional payment before he will give me my pictures. Can you be sent to collections, pay the debt, and still be made to pay additional fees?

Asked on November 24, 2010 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You only have to pay what you owed under the terms of the agreement. That could include some additional costs or fees, if the agreement provided for them; for example, it's not uncommon for an agreement to provide that in the event of nonpayment, the nonpaying party will pay the cost(s) of collection. So whatever you owe under the terms of the agreement, that's what you have to pay, and the photographer does not need to turn over your photos until you have paid the full amount. Once you have paid everything due under the agreement, however, then the photographer does not to give you your photos; he or she cannot at that point decide to add other charges or demand additional monies. So the issue will be what do you owe under the agreement or contract with the photographer.


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