Can I be turned over to a collection agency if I have been making payments to my creditor?

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Can I be turned over to a collection agency if I have been making payments to my creditor?

I am paying on a debt for a lease that I broke over 9 years ago. Now they want me to pay more or turn me over to a collection agency.

Asked on June 17, 2011 under Bankruptcy Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They might not be able to do this. If there is an agreement between a debtor and creditor as to the repayment of a debt, that agreement must be honored by both parties. As long as the debtor makes the agreed-upon payments, the creditor may not take action against him or her. So if you have an agreement, you may enforce it. Even if there is no explicit agreement between you and the creditor, you could argue that a long course of dealing (i.e. if you've paying per a certain payment plan for a long time) itself proves or establishes that there is an agreement between you and the creditor. Without an explicit agreement, it's not a given you'd win with that argument, but it is reasonable argument you could make. Note that if you have breached the terms of whatever plan or agreement you had, thaht would clearly hurt your chance of holding the creditor to it.


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