Sara wrote to me through the GetOutOfDebt.org site and asked the following question. If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.
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“Dear Steve,
I have 1 credit card that has been in collections for a while now. I would like to pay it off but the collections agency will not give me a an estimate I am able to do.
Is there any way of getting help in lowering the total amount I need to pay?
Sara”
The Answer:
Dear Sara,
I am assuming that when you say “an estimate I am able to do”, what you are referring to is a payment you can afford.
There is nothing that prevents a creditor or collection company from asking for whatever they want to, even if you can’t afford it. Creditors and debt collectors do it all the time.
The only legal power you have control over to make them pay what you can reasonably afford is to go bankrupt. But before you do anything as drastic as that you should click here for debt management plan information. A debt management plan may be able to intervene on your behalf and get a lower payment. If the debt management company is unable to lower your payment then I think a large part of the decision has been made for you. At that point you can either face the court when you are sued and explain your situation or you can talk to a bankruptcy attorney and see what your options are.