If a collection agency won’t accept my payment on a settled debt, what are my legal rights?

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If a collection agency won’t accept my payment on a settled debt, what are my legal rights?

After a mishap between my debt settlement bank and my collector, I’ve agreed to pay via a check. A gentleman I believe to be outsourced gave me contact information but nobody is ever there to sign for my fedexed check. Their phone number is always busy, and even the outsourced man seems to have trouble getting through to them. If they’re so lackadaisical about receiving my payment, can I get “dinged” for it? The only person I’ve spoken to/emailed with is the outsourced person. Their website seems dead, also.

Asked on August 26, 2011 Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Okay, I need clarification.  The "outsourced" gentleman is from where?  The debt settlement bank or the creditor?  If it is your debt settlement bank then I would contact the state attorney general's office immediately if there is not way for you to get in to contact with these people that your creditors have made an agreement with.  Then I would contact the creditor directly.  Do you have the original loan information?  let them know that the debt settlement agency - what ever it really is - appears to be having some problems.  That you wish to start paying the debt off directly with them.  Get names and numbers there and then confirm it in writing.  Then send each payment with a certificate of mailing to the creditor directly. How you deal with the debt settlement bank will depend on what materializes from your inquiry to the attorney general.  Good luck.


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