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I have settled the debt (partially paid tuition) with the law firm representing the creditor. I have a payment plan, and not only I keep up, but have been a full month ahead of my payments.

However, I received a letter from the firm stating that I was late on my payment. The date due sited in the letter was incorrect – according to the court signed agreement, the payment should be received by 5th of every month, and it said that payment was due on 1st.

I responded with the letter explaining that my monthly due date was inaccurate in their system, and that the letter was unjustified.

If they persist doing the same -- sending me bogus bills -- would it be considered a breach of a contract, and if so, can I sue them?

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In short, yes...but what does your contract say, and do you have proof of all your payments?

Yes I do have proof of payments -- I have images of the checks that I sent to them with the stamp of the firm on the back that denotes that they were cashed. Plus the bill that they sent to me shows a correct balance -- principal minus all the payments that I have made.

The settlement agreement says that if I default the payment, they are allowed to collect the whole sum, plus the interest for the last 5 years, so my guess is that by sending these bogus bills they might me building their case.

I do not know what else to think. They have the copy of the agreement, and I also included it in the letter that I sent in response, and even highlighted the part that shows date due.

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If you've got all that, then you probably have a good breach of the contract...but I will do this one last thing before suing...

Send them a copy of all the imaged checks and ask for an explanation - if they can't or won't give you one, then sue - for the full amount plus say treble damages for their breach.

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If you've got all that, then you probably have a good breach of the contract...but I will do this one last thing before suing...

Send them a copy of all the imaged checks and ask for an explanation - if they can't or won't give you one, then sue - for the full amount plus say treble damages for their breach.

Thank you. I thought about doing exactly that :)

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