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Collections Law/Debt collection suit filed prior to settlement offer expiration

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Question
I had been given a settlement offer with a specific deadline to accept it. The collection attorney filed suit 1 day prior to its expiration. I paid the first payment on the settlement offer on the same day. I called to complain about the early filing of the suit and was told that they would not dismiss the suit and that I could only get a consent judgement. I am OK with the settlement options, but do not want this settlement to be a court judgment. What options might I have?

Answer
If you have something in writing stating that this attorney agreed to settle this debt but filed suit a day before the expiation date, he/she is in violation of the Fair Debt Collection Practices Act and can be liable for fines and penalties. I strongly advise you to seek legal counsel on this matter. If you do not have anything in writing, you need to go ahead and pay the pay the bill in full before the court date.  I wish you the best with this matter.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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