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In 2003, I sent in 1/2 of a settlement offer from a fitness club contract debt with a letter stating "upon your deposit of my check number xxxx this account will be closed and paid-in-full and fully noted to credit agencies as paid-in-full". They deposited it and never heard from them again until now (November, 2005) the collection agency notified me and it is on my credit report and the collection agency wants a paid letter from the club.   Any advice?

Submitted: 1437 days and 14 hours ago.
Category: Finance
Value: $10
Status: CLOSED

Accepted Answer

Greetings:

The collection agency may not be aware that you paid, however, you state you only paid 1/2, what about the other 1/2? By sending payment and writing "upon your deposit of my check number xxxx this account will be closed and paid-in-full", please know that this does not protect you, as this may not be factual. While initial monies may be paid in full, there are other monies to consider.

Note that the statute of limitations on collection cases can be for many years, depending upon the laws of your state. Most importantly, interest accrues daily at the rate of 8 to 18 percent (in addition to the initial monies owed), also depending upon the laws of your state. Thus, you should contact the club and find out what information they have for you on file concerning your account and then contact the collection agency. If you do still owe money, you need to try to resolve same.

If they haven't filed a lawsuit on the matter, know that should they do so, they can obtain a judgment against you, which would entitle them to secure bank levies, wage garnishments and place liens against your property.

With respect to your credit report, any debt that goes unpaid, is reported and remains on your credit for approximately 7 years. You may need to check the laws of your state to confirm the length of time allowed.

Should there have been a error on the part of the collection agency/fitness club, and you are in fact paid in full, as agreed upon, which covers interest, then perhaps this may not have been placed on your credit report. If this is the case, you need to contact the agency/fitness club, and ask them to send a letter to the credit bureau so that it can be removed.

If you wish to advise me of the state wherein you reside, I can let you know the statute of limitations for collection matters.

I hope this helped.

Please click "accept" if this response was helpful and answered your question.

If you wish for further information, or, IF YOU FEEL I DID NOT ANSWER YOUR QUESTION, please let me know, so that I can assist you further.

Thank you kindly.

Bright Blessings.

Peace, Love & Happiness,

The Mystic Wave

Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.



Edited by TheMysticWave on 12/3/2005 at 3:42 PM

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Expert: The Mystic Wave
Pos. Feedback: 100.0 %
Accepts: 19
Answered: 12/2/2005

Legal Secretary/Paralegal

Legal research, document preparation and advice offered to financial institutions (30 yrs.exp.)

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