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  New York Legal Forum  New York  Collections  Can a collection agency get a judgement if we are in the middle of a current payment plan?
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New Post 7/1/2007 12:44 AM
User is offline Mr.Terranova
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Can a collection agency get a judgement if we are in the middle of a current payment plan? 

 Years ago I had defaulted on a credit card.  In november of 2006 I had recieved a summons because of the default. The summons had an attached card explaining that if I wanted to make payment arrangements for this debt  to call the number provided.  I called and hammered out a deal to pay  $300.00 down and  $150 a month until a total of $2000 was paid off. I have not been late on any payments giving them a total so far of $1200. This months statement came and my account balance was $1800,  about twice as much as it was last month . I called the collection company and they told me they had recieved a judgement against me in my county court in may and the added charges were lawers fees. I called the county court and they indeed had granted a judgement to them for $1800. How is this possible when I currently owe less than half that amount and am seven months deep into the payment plan? 

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New Post 7/11/2007 4:31 PM
User is offline Jmadalon
108 posts
www.madalonpa.com
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Re: Can a collection agency get a judgement if we are in the middle of a current payment plan? 

If it smells fishy it probably is.  Collection companies have particularly questionable practices which is why they are so highly regulated.  We suggest that you review all of the original agreement documents to see if a breach of agreement or breach of contract claim exists against them for the litigation post agreement.  If you do not have a clean breach of contract in writing then you may have a fraudulent inducement claim amongst other claims. 

If you would like a recommendation to a New York Collection Lawyer or Consumer Debt Relief Attorney to further explore your options please email us at support@truelawyers.com

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  New York Legal Forum  New York  Collections  Can a collection agency get a judgement if we are in the middle of a current payment plan?