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Collection Agency Not Responding/ Including Money Order in Letter

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ebaniaga
Established Member

Collection Agency Not Responding/ Including Money Order in Letter

So the collection agency I've asked for GW with has not responded to my letter.

 

I know that being patient and re-sending letters seems to be the only way.  The other day when I was studying for my real estate exam and came upon the topic of contracts I thought of something unconventional (at least something that I haven't seen on the boards).

What if I included a money order in the letter including a written contract stating that the cashing of the money order by the said company is the acceptance of the contract enclosed with the mo.  The contract would contain the clause that upon cashing, they would remove all references to the account from my credit report.

As far as contracts go there's an agreement and there is consideration.  It would be unilateral, so that if they act by cashing the mo, then they would be bound to the contract.

 

The amont of the collection isn't much, only $195.  I have thought it over only for a moment, but I can only see the risk of them not taking the offer, which would result in $15 loss to stop the money order.  That I am willing to take as I would feel that once they have secured funds in their hands they wouldn't say no.

 

 

Does anyone have experience with something similar?  Or is there anything that is wrong with doing this?

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Collection Agency Not Responding/ Including Money Order in Letter

That is known generally as a restrictive endorsement, and has many legal perils.

Most states have statutes covering restrictive endorsements that purport to activate one party's stipulated cotract terms by the other party's simple deposit of the funds.

 

If you consider doing so, I highly recommend first researching the relevant statutory and case law in your jurisdiction.

 

It is always best, in any contract, to show a clear meeting of the minds.  Deposit of funds does not clearly establish acceptance of all terms, and may lead to a long and protracted legal battle.

 

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