Cody wrote:
I have looked for this answer in the FDCPA and I didnt find it,
though it must be in there.
If someone owes a debt (from a stipulation) and is late with the
payment, the collection agency calls and says they will get a judgement
if they do not receive payment by tomorrow...
And then they do recieve payment by tomorrow, and yet file for a
judgement anyway, is this in violation of the FDCPA.
I know that collection agencies cannot say and do a lot of things,
but considering they were paid before the date they gave, and file for
a judgement, sounds wrong, and I dont know if this is covered in the
FDCPA or not.
AFAIK this isn't a violation of the Act. It is a violation of an oral
contract or agreement you had. The question is if the oral supercedes
the written on (which I'm guessing exists). Assuming you do have a
contract in writing that stipulates certain terms and you violated those
terms, the agency can act in accordance with you being in default. That
is notwithstanding that you may or may not have understood the oral
offer to extend the grace period.
Practically speaking, this is 'he said she said' and you can't prevail
here under any circumstances I can think of. Next time get extensions in
writing.
-paul
ianal
