Q: I’m trying to pay off a debt to a shady collections agency.
I’m trying to pay off the full amount of the debt for 1,703 the debt collecter sent me to their lawyer because I am being sued by them. She said that if I didn’t pay in full by today or Friday that she would charge me an extra fee of $350. I asked if I could get a written agreement saying I would pay it off completely and that I wouldn’t owe anything else and she said no that they don’t do that. Is that legal and what should I do ? I’m in Utah. They also didn’t serve me I only found out from a lawyer that send me a letter.
A:
This has all the earmarks of a collection scam.
First, confirm with the court itself that a lawsuit has in fact actually been filed against you. Most courts have online public access to court records. Don't call a number on a letter or click on a link provided to you. Go online and independently search for the lawsuit. Write down the name and telephone number of the lawyer appearing on the pleadings actually filed in the court.
Second, confirm that you have been properly served with the legal process required to bring you before the court. Again, you can do this online through the court's public access website. You are looking for a return or affidavit of service showing how notice of the lawsuit was actually delivered to you.
Third, call the lawyer appearing on the pleadings actually filed in the court. Speak only to that lawyer or another person that lawyer tells you works for him/her.
Fourth, do not agree to do anything without a written agreement confirming everything you agree to do and everything your creditor agrees to do in return. Verbal agreements are difficult to prove and, in some cases, may not be legally enforceable at all.
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