Can a debt collector sue for higher monthly payments

by Marcy
(Boston, MA)

I've been making regular payments for the last 6 months of $100 on a $9000 debt. The debt collector wants me to pay $250 a month because he said 7 years is a long time to pay off a debt. He said if I don't agree he will take me to court where I can provide financials proving that I cannot afford it. Can they do this?

Reply from

Quite possibly yes. While it's possible you currently have an "implied contract" for the $100 you are paying, it's more likely that he can demand more and take you to court as he mentioned.

And while this may sound heartless (we don't mean it to be!) he could be right. $100 on a $9000 debt barely makes a dent in the balance, and if he's charging interest (legally allowed in most states) you may find yourself stuck in this debt forever. It extends the statute of limitations, and it is our experience that these large debts with small payments usually either get sold to another collector or wind up in court.

We'd suggest you talk with a credit counselor or bankruptcy attorney to find out if a. there is a way you can come up with more money to pay faster or b. get a fresh start and put it behind you.

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