Dear Dave,
I have old credit card debt that goes back a few years. The account has been sold and re-sold to several collection companies. The limit was $300, but with late charges and fees I now owe $1,500. Am I liable for the extra $1,200?
-Monica
Dear Monica,
You agreed to their terms, which included the right to charge fees and penalties. Legally, they can do this. The honorable thing would be to send the company you contracted with a check for the full amount.
However, that company no longer owns the debt, and they won’t get the money. They sold the debt. The present holder is just hoping to get something out of it. They buy debt in volume, dirt cheap, and whatever they can collect from any creditor is profit.
The current collection company would probably be thrilled to settle for a lot less than face value. Make them an offer. Start low. Meet them somewhere in the middle. You can probably settle this for around $500.
Do not give them any money until you have in your hand – on paper, in writing – a statement showing the amount for which they will settle, and do not give them electronic access to your bank account, either.
Once you have this in hand, send them a cashier’s check or money order, and keep a copy of that payment and the letter for the rest of your natural life. If this comes up again, and it very well could, you’ll have proof of the agreed upon amount, and the fact that you’ve already paid!
- Dave
Dear Dave,
I got laid off the other day. The fact that I had 10 months of expenses in my emergency fund made this a little less painful, but just before that happened I made a knee-jerk decision to cash out a 401(k) to pay off $26,000 in credit card bills. The money is in transit right now. Is there any way to stop this?
-Mike
Dear Mike,
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