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?
State/Country relating to question: New Hampshire
Lady Themis but I`m not sure she understood my question.
Hello and thank you for your question here on Just Answer.
you bet thanks.
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.
Plus, you have the original email that they sent the document to you in and that is something that can be traced.
In essence it is really no different than a faxed letter.
I called a couple of firms and they said..oh..get an original..so I email the CA demanding but they did not answer.
so even a fax of the agreement is enforceable?
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.
yes a fax agreement is enforceable.
who is the collection agency?
Vision Financial for another collector
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.
You also want to make sure that they say the account will be "SETTLED IN FULL"
If they try to go back on the agreement you would be able to sue them under the Fair Debt Collection Practices Act.
it does say that. so basically with that account settled in full nobody can reinsert that in my CR?
and what I mean by nobody I mean another CA?
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.
Your credit report should be updated to show, settled in full with a $0 balance.
Will that come off the negative comments in my CR given that they said it will read closed?
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.
No, it will not remove the negative comments.
How should I pay it? I can tell they won`t accept check.
or is a check the best way?
I would ONLY send a cashiers check or money order. Sent overnight with a signature requried.
ahhh nice..thank you very much
never give them a check, because then they will have your bank account information.
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.
Thank you sir.
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