Can I just pay the remaining blance of my debtto the collection company to avoid having to go to court, even if I have already been summoned?

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Can I just pay the remaining blance of my debtto the collection company to avoid having to go to court, even if I have already been summoned?

Was hit by someone running a stop sign in 11/05. Their insurance didn’t pay my medical bill. Now being sued by collection agency after I called in Jan 2010 about ding they had on my credit. I got my insurer to pay $1000 of the bill, but that’s all they would pay since it had been so long. Needless to say, after them redoing all the paperwork, I am now being summoned again for a measly $470. The collection company’s lawyer just set me a letter saying it was “fruitless” to pursue justice further and I was just racking up his bill. I tired of fighting. How can I make it go away?

Asked on February 26, 2011 under Bankruptcy Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you pay the full amount due, then unless they are also trying to collect for some other permitted fee or expense (e.g. interest; or sometimes creditors can recover collection costs or attorney's fees), they will no longer be able to sue you since the matter will be moot. However, before sending the money, get them to agree that they will dismiss the suit (it doesn't happen automatically; they need to take action to make it go away) and get the agreement signed in writing. Then you can pay the balance, confident that it will resolve the matter. The agreement should also state that the amount you pay is full satisfaction of any and all debts and that they will not seek any additional payments or bring another lawsuit against you.


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