What if they refuse an offer to repay?

May 16, 2010

Debt collector refuses offer to pay
by: Mary

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If the debt collector contacts you again on Monday, stick to your guns. Let the collector know how much you can afford to pay, but don't agree to pay more. The collector may be hoping that by threatening to sue you, you'll get so scared that you'll offer to pay more than you offered the first time. However, most debt collectors would prefer to collect something on a debt, even if the payments are made over time, than to incur the time and expense of a lawsuit.

Before your conversation with the collector, download a copy of our Free Debt Collection Worksheet. Use it to record the details of your conversation with the debt collector and as many details as you can recall about your previous conversations with the collector. If you end up in court over the debt, the worksheet information could be very helpful to you.

If the debt collector does agree to your offer, ask him to put the terms of your agreement in writing. DO NOT pay the collector any money until you have the letter. Once you do, it's a good idea to have a consumer law attorney with experience handling debt collection cases review the letter to make sure that there is no language in the letter that could be harmful to you. By the way, our book Debt Collection Answers provides a lot of useful information about negotiating with debt collectors, http://www.debtcollectionanswers.com/Stop-Debt-Collectors.html

You should know that you do not have to continue having conversations with the debt collector. You can tell him not to call you again and legally his calls are supposed to stop. However, given that you are still trying to negotiate with the debt collector telling him not to contact you again is not your best move right now because you will leave the collector with no other option but to sue you.

If you do decide that you want the collector to stop contacting you, it's best to tell him over the phone and then to follow up in writing. Here's a sample cease and desist letter to model your letter after. Make a copy of your letter and send the original certified mail with a return receipt requested.

If the collector continues to refuse to accept your payment offer and to threaten you with a lawsuit, contact a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

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What if they refuse an offer to repay?

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What if they refuse an offer to repay?