If a you are paying down a collection debt every month, what can you do if the agency keeps increasing your debt with interest and not complying with your original agreement?

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If a you are paying down a collection debt every month, what can you do if the agency keeps increasing your debt with interest and not complying with your original agreement?

How can you fight these people? Is sending a demand letter the best way to go? And if so what are some other steps to take? Are they allowed to continue charging you late fees if you are making your pay? Thank for payment on time each month? Can they keep demanding you pay more than what you tell them you can afford? How can I protect myself?

Asked on December 8, 2011 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are complying with an agreement you made with them as to repayment, then so long as you honor your terms (e.g. pay what you agreed to, on time), they have to honor their obligations (e.g. not charge you late fees for paying in conformity with the agreement). If they will not comply with the agreement, you could sue them, seeking a reduction in the debt (knocking off improper charges), a court order forcing them to honor the agreement, and/or other monetary compensation. Ideally, you should have an attorney represent you, but if you can't afford one, you are allowed to represent yourself in court; you should be able to find instructions, sample forms, etc. at or from your courthouse.


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