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

Answered
  • 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.

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