Legal Question in Credit and Debt Law in Nevada

I have a written tax time offer from a debt collector to settle an old debt. Their offer was for 35% or a low one time payment. When I called they said it was an error and would not take their written offer. Do they have to accept the offer they sent to me because it is a written offer that is still valid according to their time frame?


Asked on 3/16/16, 9:18 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

A contract is formed when there is an offer, an acceptance, consideration given and a complete meeting of the minds on essential terms. What you received MAY be an offer, but it could also be interpreted as an invitation FOR an offer from you. If they catch you in that little trap of semantics, your first communication back to the creditor was an offer they need not accept and thus, no contract was formed. An attorney familiar with contract law would have to review the precise wording of the communication to determine whether it legally constituted an offer. Then, you would have to accept AND perform according to the terms of such offer. Their claim that it was "in error" should not constitute a viable defense if you complied with the terms they laid out, and you should be allowed by a court to go forward as you plan. This one may be worth fighting over if the dollar amount is substantial!

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Answered on 3/18/16, 6:53 pm


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