payment arrangements?

[Luciano1505]

What is the name of your state? Pennsylvania

I posted before but have a new question about the same problem. I have received phone calls from an attorney's office in Georgia about an old (approx. 4 years) Fleet credit card that now belongs to Credigy. They are demanding $425 a month or they will file a suit. They want the first payment by the 15th. I cannot make it by then but I do want to pay this off. I know some people have told me I shouldn't pay anything, but I really don't want to go to court and I do admit that I owe this debt. so, my question is, should I try to negotiate a lower payment plan? And should I get the agreement in writing?

 

[JETX]

If this debt is 'homed' in Georgia, the SOL on an open account (credit card) is four (4) years. If it is close to that time now, I would check the exact dates to see if the SOL has expired. If it hasn't and is close, then I would not take any action hoping that they wouldn't file a suit. If they don't and the SOL expires, the legal right to force payment will die.
If you absolutely insist on payment, make payments as you can and keep copies of EVERYTHING. I would also send the payment directly to the creditor.
Finally, if you do try to negotiate a reduction, absolutely get it in writing on the creditors letterhead.

 

[Ladynred]

GA or PA - it doesn't matter, the SOL in either state on this one is 4 years.

 

[JETX]

GA or PA - it doesn't matter, the SOL in either state on this one is 4 years.

Of course, you are correct. I just didn't take the time to check on the PA SOL. My error.

 

[bearfootball]

good ole JETX once again telling someone something that isn't accurate.

 

[JETX]

Yep. And I don't see you challenging it either. So, I guess this is just another of your "I get one more post" post.

And guess what?? Since your post didn't make ANY statement at all, it is your first one without any errors.

 

[ibcurious]

think about this...

Luciano, if you do make any payments on this account you may renew the start date for SOL. Then they can sue you and garnish your wages or what not. I would suggest holding onto your money until you can settle this account in full.

 

[Ladynred]

Wage garnishment is NOT allowed in PA

 

[Luciano1505]

What if payment arrangements are made verbally, over the phone, but not kept? I told them I would try to make the payment but nothing is in writing. Does this matter?

 

[JETX]

Of course, your verbal promise of making payments is a contract and could be enforced if they are able to provide sufficient evidence to support their claim of its existence. However, in all reality, no it doesn't matter.

 

[ibcurious]

Big NOT in PA. Missed that one.
Still if SOL has expired, settling the account in one payment will eliminate the risk of getting a judgement against you.