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Debt paid in full. Agency requesting court costs?

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Debt paid in full. Agency requesting court costs?

I received notification that I was being sued for a school debt. I responded to avoid a default judgment and the case was set for a hearing. I requested the debt be validated, along with the amount to be paid. I paid the amount via cashier check through certified mail. After telling me that they didn’t receive payment, but conveniently locating it after I mentioned I sent it via certified mail and it was signed for, the law office/collection agency is now telling me it’s not paid in full because I didn’t include “costs.” She explains this as the cost to file with the court and to have me served. Am I required to pay that? We have court this week.

Your help is greatly appreciated.
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Debt paid in full. Agency requesting court costs?

Yes. It is common for debt collection agencies to include the court costs it incurred to compel you to pay.
Message 2 of 6
RobertEG
Legendary Contributor

Re: Debt paid in full. Agency requesting court costs?

If their suit is still pending and scheduled for trial, then yes, they can include as part of the asserted debt any interest, collection fees, and/or attorney/court costs.  It will then be up to the judge to make that determination if the court finds for the plaintiff and awards a judgment.

 

Sending them an amount that you consider the full principal debt is not a binding contract that mandates dismissal of the civil action unless it is clear that both parties have agreed that the amount discharges the entire obligation.

They have apparently stated that they do not, and thus it is not a binding contract that mandates discharge of the debt and dismissal of the legal action.

 

Do you have representation of an attorney, or are you handling the civil suit yourself?

 

 

Message 3 of 6

Re: Debt paid in full. Agency requesting court costs?

@roberteg I am handling it myself. I do not have an attorney.
Message 4 of 6
Anonymous
Not applicable

Re: Debt paid in full. Agency requesting court costs?

You paid before signing any paperwork documenting what your agreement was?
Message 5 of 6
Anonymous
Not applicable

Re: Debt paid in full. Agency requesting court costs?

" I requested the debt be validated, along with the amount to be paid. I paid the amount via cashier check through certified mail."

 

Got this in writing from them?  If so, and you paid this amount, the judge will rulke in your favor.  They are up-charging you after the fact.

Message 6 of 6
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