Legal Question in Credit and Debt Law in California

I have credit cards in collections. I am not disputing them; but i have tried to set up payments with them but the only way they will take them is if I put up my bank routing infomration. I don't feel comfortable doing so. Is it legal for a collection agency to refuse to allow me to pay a debt placed with them unless I do this? Basically, they are refusing to allow me to pay unless they do it their way. Is there any other way? This just doesn't seem right.


Asked on 2/16/12, 3:04 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It's not fair, but it is 100% legal. If you don't pay back the credit under the original terms, all bets are off, and the collection agency can demand payment however they wish. Once you defaulted under the credit agreement, you lose the right to force them to accept payment in any manner except what they want. At the same time, I would not give them the account information for the bank account you regularly use.

Set up a new account at a bank where you have no other accounts. Keep in there only what is necessary to pay this debt, and never use it for anything else. Give them that account information. That way, if you default in the future, you just close that account and they don't necessarily know where you regularly bank. Also, if you have paid the creditor from your current bank account, I would move to another bank before starting this whole process. They keep a record of where you bank from the day you first obtained credit from them. The banks you have used in the past are the first place they'll go once they have a judgment with a bank levy.

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Answered on 3/01/12, 1:53 pm


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