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I am trying to settle a debt with a collections agency and

 
HCLegal's Avatar
  • Answered by:HCLegal
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Customer Question

I am trying to settle a debt with a collections agency and have come to an agreement but they sent me a PDF file in my email with a signature on it. Is this a binding and enforceable format for a judge to accept or do I need to play hard ball and demand original?

 

Optional Information:
State/Country relating to question: New Hampshire

Already Tried:
Lady Themis but I`m not sure she understood my question.

Submitted: 357 days and 22 hours ago.
Category: Consumer Protection Law
Value: $25
Status: CLOSED

Accepted Answer

Expert:  HCLegal replied 357 days and 22 hours ago.


HCLegal :

Hello and thank you for your question here on Just Answer.

Customer :

you bet thanks.

HCLegal :

I would be ok with it as long as it was a pdf. If it was just a word document then I would not accept that as it can easily be altered. But you cannot (at least not easily) alter a pdf document.

HCLegal :

Plus, you have the original email that they sent the document to you in and that is something that can be traced.

HCLegal :

In essence it is really no different than a faxed letter.

Customer :

hmm

Customer :

I called a couple of firms and they said..oh..get an original..so I email the CA demanding but they did not answer.

Customer :

so even a fax of the agreement is enforceable?

HCLegal :

I have been in the debt business for over 8 years on both sides of the field, I owned a collection agency and now I defend people being sued for unpaid debts.

HCLegal :

yes a fax agreement is enforceable.

HCLegal :

who is the collection agency?

Customer :

Vision Financial for another collector

HCLegal :

You just want to make sure that the account is correctly identified in the letter and that the terms of the settlement are included and you understand them.

HCLegal :

You also want to make sure that they say the account will be "SETTLED IN FULL"

HCLegal :

If they try to go back on the agreement you would be able to sue them under the Fair Debt Collection Practices Act.

Customer :

it does say that. so basically with that account settled in full nobody can reinsert that in my CR?

Customer :

and what I mean by nobody I mean another CA?

Customer :

Collection agency

HCLegal :

Right, once you have paid the settlement that account is dead an no other collection agency can demand payment on the rest of the balance.

HCLegal :

Your credit report should be updated to show, settled in full with a $0 balance.

Customer :

Will that come off the negative comments in my CR given that they said it will read closed?

HCLegal :

You should keep that letter AND proof that you paid the settlement by the due date. Keep it forever as you never know if another collection agency will try to come after you.

HCLegal :

No, it will not remove the negative comments.

Customer :

How should I pay it? I can tell they won`t accept check.

Customer :

or is a check the best way?

HCLegal :

I would ONLY send a cashiers check or money order. Sent overnight with a signature requried.

Customer :

ahhh nice..thank you very much

HCLegal :

never give them a check, because then they will have your bank account information.

HCLegal :

if they refuse to allow you to pay it with a cashiers check or money order, then RUN far away from them as it is a scam.

Customer :

Thank you sir.

HCLegal :

Your welcome.

HCLegal :

I hope you found my answer helpful, and if so please do not forget to click ACCEPT, this is the only way that I will get credit for assisting you– I receive no credit for helping you unless you actually press ACCEPT, even if you already have a subscription. By pressing the ACCEPT you will not be charged any more money. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation.

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Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 100.0 %
Accepts: 306
Answered: 4/20/2012

Experience: I have won over 1500 Debt Lawsuits, saving my clients over $12,000,000.

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