I’m currently with a credit counseling agency, paying off creditors for about 5 months. A collection agency that represents Am Express wants to increase there payment from 134.00 to 500 a month and are taking me to court. They have accepted all my previous payments, but wants more!! A cannot pay that. Do i have any ground to stand on
Will the judge make me increase my payments, knowing full well that i cannot enter in to a agreement of that amount.
The most important thing to look for in your situation is whether or not you have a settlement agreement with American Express. If they agreed to settle your account and take a monthly payment of $134 then they should honor their agreement if you have kept your end of the bargain.
If you were merely paying them that amount without a formal settlement agreement then most likely they can demand whatever amount they are entitled to pursuant to the original cardmember agreement.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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