Collection Lawsuit Summons in New York

[kodiak1]

Hi
I received a summons for a credit card that I owe. I've contacted the debt collector to set up a payment schedule. They are telling me that my balance is about $500 more than what the summons states. What do I owe? what ever they say or what the summons says?
Thanks

[seniorjudge]

Do not ignore this.

Go to court when you are supposed to and try to work out a payment schedule with the lawyer the creditor sends.

[kodiak1]

Thanks for the reply but that really didn't answer my question.I don't plan on ignoring this matter .I am trying to get this resolved. I am confused about the amount on the summons (dated 9/24/07) and the amount they're telling me over the phone. The summons states
"there remains an agreed balance on said account of $1197.11 plus a 2nd cause of action reasonable attorney fees agreed upon up to 20% provided by law in amount of 239.42 making total due of 1436.53"
I contacted them this morning to work out a payment plan and they say the balance is $1919.42. Why would they give 2 different amounts?
thanks again

[seniorjudge]

Thanks for the reply but that really didn't answer my question.I don't plan on ignoring this matter .I am trying to get this resolved. I am confused about the amount on the summons (dated 9/24/07) and the amount they're telling me over the phone. The summons states
"there remains an agreed balance on said account of $1197.11 plus a 2nd cause of action reasonable attorney fees agreed upon up to 20% provided by law in amount of 239.42 making total due of 1436.53"
I contacted them this morning to work out a payment plan and they say the balance is $1919.42. Why would they give 2 different amounts?
thanks again

Do not ignore this.

Go to court when you are supposed to and try to work out a payment schedule with the lawyer the creditor sends.

[Betty3]

Did you ask? You'll need to ask the creditor's lawyer your questions when you see if you can work out a payment plan. They don't have to accept a payment plan but certainly see if you can work something out.

[kodiak1]

Hi Betty
yes I did ask . They've agreed to take 2 payments of$140 each and after the the 2 months they will make me a new offer. They also said not to worry about the summons as long as I stick to the agreed payment. Said my balance is more than the summons states due to interest. The whole thing does't sound right to me especially the part about the summons. Should I go to court anyway and tell them that I 've made payment arrangements? Thank you for all your help.

[ZacUSNYR]

In NYS once a debt goes into collections it's no longer allowed to gain interest. Check the NYS Attorney Generals Website.

[kodiak1]

Thanks for the tip.

[aaron]

In NYS once a debt goes into collections it's no longer allowed to gain interest. Check the NYS Attorney Generals Website.

I don't see it, and I'll remain very skeptical until I see verification of that claim.

[ZacUSNYR]

From what I understand from dealing with my collections - once the debtor puts the collection out to a third party collection agency, they cannot collect more then what is owed. I'd call the district attorney office and ask them

http://www.oag.state.ny.us/consumer/...ollectors.html

I contacted them concerning a collection agency tacking on $25 as a collection fee and that quickly disappeared.