Offer check was cashed (atty. for Citi) but terms ingnored. Now what?

[smalt]

I have a judgment against me for Citibank. The debt is mine. I sent a settlement offer to the attorney for Citibank with a check. I stated the terms and clearly stated that if my check was cashed or deposited then I would consider that as an acceptance of my terms. I also told them if Citibank would not accept the terms to please let me know and return my check. I got a letter from the atty. Acknowledging receipt of the payment, and telling me that the payment has been applied to my outstanding (full) balance. It also goes on to say that a mutually agreed upon payment plan has not been established yet. Where do I go from here?

[willingtocope]

What you tried to do comes under the heading of "restrictive endorsement"...ie, "by cashing this check you agree to.." something. In most states, that does not carry any weight under the law, even if you had written the terms on the check.

If you are trying to settle this for less than the full amount, you're going to have to get them to agree...in writing...before you send any money.

Personally, I refuse to deal with collection agencies. I would call the OC, work my way up the food chain until I got someone who had the authority to make decesions, and work out a settlement / payment plan with them.

[nascar]

One of the required elements of a valid restrictive endorsement is that a legitimate dispute exists as to the amount in question. If you're making payments on a judgment already entered against you, there's not much room for a claim that a legitmate dispute exists.

Perhaps you should contact the attorney and see if you can arrive at a "mutually agreeable payment plan."

[smalt]

Thanks, I will get to work on another letter...no money with it this time!

[swirlgirl]

Thanks, I will get to work on another letter...no money with it this time!

You realize that will a judgment, they don't have to agreee to any settlement offer. You can keep trying, though.