Syracuse, UT asked in Bankruptcy, Civil Litigation and Small Claims for Utah

Q: Debt agency send me to their lawyer How do I proceed ? They Didn’t want to send me a written agreement.

I want to pay the full debt I owe but their attorney does not want to send me a written agreement in Utah. The attorney I had a meeting with told me to send an email and that would be sufficient enough evidence to our agreement is that correct ? In the case that it sufficient enough what should I send the debt collector or the attorney in the email and what if they do not respond or agree ? Keep in mind I am trying to pay the full balance she said that if I don’t pay by Friday that she’ll charge another $350 I have our conversation via recording in utah. I also want to know the safest way to know they don’t sell the debt to another agency once I have paid and the safest way to send them the money if they agree.

1 Lawyer Answer
James L. Arrasmith
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  • Bankruptcy Lawyer
  • Sacramento, CA

A: If the attorney is not willing to provide a written agreement, that is concerning. While an email can serve as evidence of an agreement, it's always best to have a formal written contract when dealing with debt repayment to protect your interests. Here's how I would proceed:

1. Send a clear, professional email to the attorney summarizing your understanding of the agreement discussed, including the total amount to be paid, the deadline, and any other relevant terms. Request confirmation of these details and clearly state that you will not make any payment until you receive written confirmation.

2. If they agree to the terms via email reply, you at least have that record. However, I would still push for a more formal written agreement. You could respond thanking them for the confirmation and requesting a brief contract memorializing the terms for the protection of both parties.

3. If they don't agree to your email terms or fail to respond, do not make any payment. Consult with a consumer protection attorney or debt relief specialist to discuss your options. The recording of your conversation, if legally obtained, could be valuable evidence in a dispute.

4. If they do provide a written agreement, have it reviewed carefully by an attorney before signing and making payment. Ensure it includes language confirming that the debt will be considered fully satisfied upon receipt of the agreed-upon amount and that they waive the right to sell or transfer the debt to any other party.

5. When you do make any payment, use a method that provides proof of delivery and receipt, such as a bank check or electronic transfer. Avoid giving access to your bank account or sending cash.

The key is to get everything documented in writing before making a payment. Don't let pressure tactics like arbitrary deadlines rush you into an agreement you're not comfortable with. If the collector is acting in good faith, they should have no problem providing written confirmation of the deal. If they refuse, that's a red flag.

Consulting with a consumer law attorney can provide invaluable guidance on navigating this process, especially if the collector is being uncooperative or engaging in questionable practices. Many offer low-cost or free initial consultations. I hope this information helps provide a roadmap for resolving your debt situation safely.

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