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Lawsuit filed against me after I settled debt
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Posted by Nanook on January 31, 2002 at 15:39:15:
Last month I settled a debt with a collection agency that had purchased a charged off credit card account. I settled for about 61% of the total. It took a couple of calls to get them to send me the fax, but I finally got it, before I made the payment. The fax stated, in part "Clearance of you payment will serve as your confirmation that your account is SETTLED IN FULL. You will then be under no further obligation on this account." I talked to the lawyer who filed the account, and they were told to file the account on about the day that I reached this agreement with the credit bureau. The suit amount is for the difference between what they agreed to settle for and the full amount, plus attorney's fees of a couple of hundred dollars. The suit was actually filed a day or so after the collection agency cashed my check. Now, clearly I am in the right, and clearly I will win the suit, since I have the fax stating that the account would be settled. BUT, what should I do. I called the attorney, and they said they would check, but they were told to proceed with the suit. I called the collection agency, and they say the account is settled, and they told the attorney NOT to proceed. Since the amount is for the difference, they are clearly playing games. I suspect I should sue them for breach of contract, defamation of character, and fraud. They question is, who else can I contact, and how much should I sue them for. Under the circumstances, I cannot afford an attorney, but I have filed other suits in the past (for different things), so I know my way around the courthouse and I know how to draw up a suit. They question is for exactly how much, and on exactly what grounds, etc. Thanks
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