Credit Law Consumer Law Debt Settlement Bankruptcy

Sun

14

Feb

2010

Making a small payment to a debt collector does nothing but keep you on the hook.

I can’t count how many times I have reviewed a client’s file with the hope that the old debts I saw were beyond the statute of limitations for a collection lawsuit only to learn that my client had “reaffirmed” the debt and restarted the limitations period by making a small payment within the last four years.  The client’s story is usually something like this “I don’t understand why they are suing me.  I’ve been making small payments, but now they want more.”  The problem was that my client confused the debt collector with a human being.  My client’s theory was that if he could just convince the collector of his sincerity, the collector would “understand” and give him more time to make more payments.  My client forgot one thing: “THE DEBT COLLECTOR IS NOT YOUR FRIEND – HE IS YOUR ENEMY!  Making an installment payment to a debt collector not only restarts the statute of limitations, it gives him your bank account number, making it easier to levy your bank account after he sues you.  It’s like hoping the burglar will not break in to your house if you give him the key to your front door!  If you don’t have enough cash to pay off the debt then tell the debt collector to go jump in a lake and keeping telling him that until you can make a settlement offer to wipe out the balance (for a discount, of course, no one is paying full value in this economy).

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