I am paying a collection agaency an agreed amout. have been for about 10 months now. yesterday i get a letter from a JP that I have to show up to his court for judgement. Is thie legal for the CA to sue even if I am making payments that we agreed to?
State/Country relating to Question: Texas
Made the garee ment with the CA and they have been taking money out of my checking account for 10 months now.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
If a payment plan was agreed to, the agency should not have filed suit and they would be acting in bad faith. The whole purpose of agreeing to a payment plan is to avoid going to court and as long as you have been paying on time, they should not have sought a judgment against you, for this debt. As such, you could have a defense and could raise it to get this dismissed, based upon your payment agreement with them.
They have been taking the payment out of my account every month. So if i go to court i could try to get the agreement and debt dismissed?
If you were served with a summons and complaint, you want to read it and make sure it is for the same debt which you are currently paying on. Then, you will want to make sure to respond, if it is needed. If so, you could raise as a defense that they entered into a settlement agreement with you which is still pending and has not been breached and that they are acting in bad faith by taking your money and then suing you, after you agreed to work this out.
7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
OK. All I received from the JP is a letter by mail advising me of the court date and time. It stated if i do not show up a judgement could be placed against me.
Ok, so then you need to make sure you show up and bring whatever evidence you have to show the agreement and that payments have been made
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