If an attorney is acting as a debt collector, am I obligated to sign a consent judgement in order to set up at payment plan?

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If an attorney is acting as a debt collector, am I obligated to sign a consent judgement in order to set up at payment plan?

My original debt was for $3579.66, when I asked to make a payment plan they added an additional $2749.38 in interest for a total of $6329.04. Is this legal? I haven’t signed the consent form. Can I contact the court and fight this?

Asked on April 24, 2012 under Bankruptcy Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

Under the Fair Debt Collection Practices Act an attorney has special duties when acting as a debt collector.  You can look those up on line.  Now, it is a little unclear where in this process you are and if there had been a judgement rendered.  Interest can be added to a collection case from the date of the judgement as well as legal fees.  If the case is before a Judge go and speak your mind and have your chance to be heard.  Ask the court to explain things to you before you sign.  Good luck.  


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