Chicago, IL asked in Civil Litigation, Collections and Contracts for Missouri

Q: a collection agency-law firm send me collection notices then turn around and sue me on behalf of the original creditor

i sent them an acceptance with condition only to be dishonored by them refusing to produce original contract

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Collections Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.

You could look into whether there was an FDCPA violation, but in terms of pure contract law, you didn't form an agreement to settle with the debt collector. Of course you should show up at court and defend the case or hire an attorney to do so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.