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making final payment to CA (atty) questions?


jlcb
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I am in GA. The CA/atty (by phone) offered a settlement on my Cap One-Kmart account which I accepted. Offer made 10/18/05 and terms were $600 paid in 2 equal payments would settle my account in full.

I paid the first of the 2 payments on that day. I agreed to make the final payment on 11/25/05.

I feel I need something in writing before I make final payment due in 11 days. I did find a "letter of final pay" on this website but it appears to be for the OC and I am not dealing with them but a law office CA.

If I send this letter to the CA will it be enough to stop the OC from trying to collect the reduced amount later?

I have very little time to get this agreement signed before my verbal arrangement with them is up (11/25/05).

Any help is appreciated!

jlcb

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You've got a real potential problem there. You really can't trust anything a CA (particularly a lawyer) says on the phone. You don't even know if the money you're paying is actually going on the OC's account.

I'd suggest looking into the phone recording laws in your state...if its a "one party" state you don't need to tell them...if it a two party state, you'll need to tell them you're recording. Call them back...turn on your recorder (say something quickly like, "okay, I'm recording now" if you have to) and then ask for written documentation that this money is indeed being applied to your KMart account, what the balance is, and what will happen with the unpaid amount. Refuse to send anymore money until you receive the documents.

Will they sue you because of this? Maybe. But you stand an even better chance that none of what you've paid is even going on your account and that even if it is, its likely that the balance will be sold to a junk debt buyer that you'll have to deal with in the future. Better to confront the issue now, then to get surprised later...

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