If Ihave been making monthly payments to a collection agency and now they are taking me to court, do I continue payments or wait for the outcomein court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Ihave been making monthly payments to a collection agency and now they are taking me to court, do I continue payments or wait for the outcomein court?
I am on not on a payment plan.
Asked on November 20, 2011 under Bankruptcy Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there was some payment plan or other agreement as to payment--even an oral one--that agreement would be enforceble, and they could not sue you as long as you were honoring your obligations. However, without a plan or an agreement with the collections agency as to payment, they may sue you, even if you have been voluntartarily paying what you could.
As for whether you should continue to pay or not--assuming you legitimately owe the money AND document/prove all payments you make, you may wish to continue paying, assuming you have the money. Anything you provably pay will reduce what you would owe in a lawsuit (so the money is not going to waste) and will also demonstrate good faith (that you are paying what you can).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.