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Sueing CA if they don't fulfil PFD?


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Finally got around to paying a $1000 debt in the hands of A.C.T. I was unable to settle for anything less than full payment. I attempted to get them to agree to a PDF, but they wouldn't... in writing. Over the phone, I was able to get a supervisor to say "if this is paid by xxx date, the balance will be zero and we won't report it." (They hadn't yet reported the debt to the CRAs, as they had recently taken the account and were waiting for the 30 days.

When the supe said that, I asked that she'd repeat that in a recorded call. She said she wouldn't, and I told her Colorado is a one-party state and I didn't have to get her permission to tape the call. She pretty much hung up on me.

So, if they do end up reporting this a paid collection, what are the chances of them agreeing to delete if I file suit against them for breaking contract?

When on the phone, they threatened legal action if I didn't pay within 48 hours and they said they wouldn't report if I paid within 48 hours. Of course, I don't have a recording, as I have a cell phone only, but do they know that?

If I file suit, think they'd show up? Think they'd offer to delete before trial date?

Is it difficult to sue? Do I have to file in federal court in my area or theirs?


(Added: for all those that don't like using the phone with CAs... I had to pay it regardless. It was a 3-yo unpaid tuition bill. It was never going to go away and the last thing I want right now is a judgement against me. I'm four years away from completely clear CRs and I'm not going to screw it up. If there is any threat or belief of threat one of my old debts will go to court, I'll have to pay it.)

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You have to record it....

there is a saying, "if it was said on the phone, it didn't happen"


I just called Radio Shack and they carry something that will work

to record the call on a cell phone, test it before using it.

Call CA and make sure they identify themselves in the

phone call and have her state what the 'deal' is.

try to get her to state what the deal is herself,

that seems like it would hold up better than her just saying,

'yes' to your question.

Wouldn't hurt to have a non-family member present to

witness the call.

That should suffice.

If they say it, just be cool, don't spill the beans. Pay the CA.


If she won't state 'the deal' over the phone

and If she threaten to sue again, this time you have it recorded,

and if they fail to follow thru, that is a violation of the FDCPA.

try to get her to say when she would file suit...

You may want to remind them that you have offered to pay in full,

which is a very reasonable offer in the eyes of any Judge. It may be difficult to collect attorney fees.

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