Rescinding An Offer Of Collection

[jenniferB]

I struck a deal with my attorney to settle for 40% of his outstanding bill. He agreed in writing via email. He did not put a time frame on the email. 6 months later I paid the payment to him. He turned me into collections in the mean time, less than 30 days prior to me making payment. The collection agency is sighting they rescinded the offer (without notification), and are pursuing the balance in a Washington State court. My question is: In the State of Washington, can a collection agency rescind an offer made in writing without written notification to the consumer? The judge in this case is scratching his head. Can anyone help me. If I am in the right, I need legal documentation to back me, so please, point me in the right direction.

[Mr. Knowitall]

When are they claiming that they rescinded the offer? That is, did you wait until they sent you a demand for the full amount, then send them a check for 40%?

[BOR]

I struck a deal with my attorney to settle for 40% of his outstanding bill. He agreed in writing via email. He did not put a time frame on the email. 6 months later I paid the payment to him. He turned me into collections in the mean time, less than 30 days prior to me making payment. The collection agency is sighting they rescinded the offer (without notification), and are pursuing the balance in a Washington State court. My question is: In the State of Washington, can a collection agency rescind an offer made in writing without written notification to the consumer? The judge in this case is scratching his head. Can anyone help me. If I am in the right, I need legal documentation to back me, so please, point me in the right direction.

A collection agency has one function, COLLECT, it has NO power to rescind/modify or otherwise alter any accord and satisfaction to a new contract between parties, or any contract for that matter, original or a new offer and acceptance.

What you and your ATT agreed to is binding.

Possible argument: Does the case law state IF an accord and satisfaction is entered into is there a time limitation to pay it if not stipulated? Does it mirror the old agreement's time frame?

However, if a collection agency is suing you, not the ATT, it means the debt was sold to them for a price, so they own it now.

I can see the above argument as a possibility ONLY if the ATT was suing you. This does NOT mean it is a valid argument at all, just a theory.

[aaron]

An agent has whatever authority is delegated to it by its principal.

[BOR]

An agent has whatever authority is delegated to it by its principal.

Hi Aaron. Do you mean the collection agency can sue the poster without naming the ATT as a Plaintiff if the ATT still owns the debt?

[aaron]

No, that's not what I said.

[BOR]

No, that's not what I said.

Thanks for your time Aaron, it was unclear, I enjoy learning from others.

[seniorjudge]

A collection agency has one function, COLLECT, it has NO power to rescind/modify or otherwise alter any accord and satisfaction to a new contract between parties, or any contract for that matter, original or a new offer and acceptance.

What you and your ATT agreed to is binding.

Possible argument: Does the case law state IF an accord and satisfaction is entered into is there a time limitation to pay it if not stipulated? Does it mirror the old agreement's time frame?

However, if a collection agency is suing you, not the ATT, it means the debt was sold to them for a price, so they own it now.

I can see the above argument as a possibility ONLY if the ATT was suing you. This does NOT mean it is a valid argument at all, just a theory.

Aaron is polite and knowledgeable.

I am cranky and smart.

So here it is: You are wrong, wrong, wrong.

[BOR]

Aaron is polite and knowledgeable.

I am cranky and smart.

So here it is: You are wrong, wrong, wrong.

A blanket statement anyone can type. Suppose you back it up to help the OP.

Since no satisfaction took place the accord was not executed, okay, if this is where I was wrong, perhaps I was not clear. IF you knew this, you could have pointed it out, so it helps the poster NONE simply saying I was wrong.

That aside, please cite any WA case law on contracts allowing the att/collection agency to rescind the new deal, it was in writing, this will be the gravamen in court.