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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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Hi, you helped me before very well so I have another question

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Hi, you helped me before very well so I have another question for you please. I have, in court, signed a settlement agreement with the lawyer of a the company I owe. However, there was not a judgement or lien filed. I am still getting invoices from the supplier that I owe. The good thing is the invoices are far less than the lawyers fees, etc. Couldn't I just try to make a payment plan or offer a one time reduced payment directly through them rather than the collection agency? I would get them paid much faster without the lawyer and I'm confident the company would allow me to make a deal with them as we have a good relationship. I just don't know if I'm legally bond to the settlement agreement I signed in court with the companies legal representative. Isn't the main purpose and goal to pay the company back regardless of who is goes through? That's how I feel since they keep sending me invoices directly to me rather than through the collection agency.

Thank you for your question, Charles, and thank you very much for requesting me again. Please allow me to assist you if I may.

That depends and it is a good question that is related to who now 'owns' the debt. If they sold your debt to the collection agency, something that they can do, then you have to pay the party who own the obligation (the agency). You can still reach out to the creditor (the company) if they own the debt, and ask if they are wiling to work out a separate arrangement. But please be advised that an agreement signed in court is binding against you, so if they agree to change the terms, they would need to reduce it to writing and in the agreement state that the parties both agrees to no longer be bound by the court agreement. Otherwise regardless of what they may offer you as an option, you would remain responsible to the agreement signed in court. So if you end up paying directly without them rescinding the agreement, you would be considered to be in breach.

Good luck.

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