Legal Question in Credit and Debt Law in California

I have a debt that I am currently in the process of settling after the collector tried to sue. We settled if outside of court by making monthly installments to the amount owed. However, the company changed the way they accept payments online. Originally it was via credit/debit they would accept payments. Instead they now only accept "Pay by echeck". This asks me for routing information and bank account numbers. I've stopped making payments because I am not comfortable giving them this information when it wasn't part of the deal. On top of that, before submitting payment, the form doesn't even ask what my account with them is(usaully confirmed by SSN.) It's just the echeck form to pay and them a submit payment option. I don't even know if that will post to my account! The only form of contact I can make with them during their business hours is email. On their site they have a "contact us" section with a provided email. I've sent them several messages regarding the situation but they haven't made an attempt to contact me in the last 3 months. Today, I get a form in the mail from them with the legal paperwork trying to get all the money from me. I feel cheated here and I am wondering if there is any legal action I can take against this to protect myself. Can they just blatantly ignore me and then proceed to do this? Thank you so much in advance.


Asked on 5/20/13, 8:19 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

You made a settlement to make monthly payments and you stopped making the monthly payments of course they will ask for all the money. They have a right to the money in a reasonable manner. I suspect that the e-check is not the only way to pay your monthly installments to ensure your account is credited. Nearly all of the places will take western union, cashiers check, money order, etc..although it is not good business practice to ignore you there is nothing that requires them to respond to you.

Good luck

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Answered on 5/20/13, 9:01 pm


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