Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Aug 2010
    Location
    Florida
    Posts
    1

    Default Payments for Debt Not Being Cashed

    My question involves collection proceedings in the State of: Florida

    in 2001 there was a car accident where I did not have insurance coverage (payment was late it expired and Murph's Law kicked in). My minor son was driving.
    The insurance company came at me for the damages to the other car, I made a payment arrangment with them.
    in Sept of 2008 the checks I was sending via my banks bill paying service started to be returned uncashed.
    After several calls to the insurance company they could no longer find the account and said (should have gotten it in writiing or recorded the call, hind sight is 20-20 but I did not do it) to wait until someone contacted me, but they no longer had a way to accept the payments...
    Fast forward to last week, I get a summons from a law firm collecting the debt requesting a summary judgement. I have talked to the firm but made no commitments (I did ask if the insurance company might be willing to just start back the payments if I found this to still be a valid debt).
    The insurance company returned my last 3 payments in 2008, my bank did not want to contunue sending payments via the online bill pay as they were being returned uncashed.
    My question is:
    Because they did not take my payments,,, is this still a valid debt?
    I have searched online for information (which is how I found this forum), I am not in a financial position to have the money to hire an attny to take the case and ones I have called will not do a free consult for the validity of the case to try and dismiss the debt.
    Do I just agree to continue the payment plan or is there some statue that allows for this to go away because they refused to cash the payments?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Payments for Debt Not Being Cashed

    We have no way of knowing why your payments were returned but yes, the debt remains valid. You didn't pay it.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Settle Debt or Payments
    By wickedtama in forum Debts and Collections
    Replies: 1
    Last Post: 02-20-2010, 10:10 AM
  2. Setting Up Payments for a Judgment Debt
    By bleach1977 in forum Civil Procedure
    Replies: 2
    Last Post: 11-23-2009, 10:26 AM
  3. Debt Collectors: Minimum Debt Payments
    By jomjmc in forum Debts and Collections
    Replies: 2
    Last Post: 10-19-2008, 10:01 AM
  4. Debt Collectors: Making Payments to a Debt Collector
    By cc22 in forum Debts and Collections
    Replies: 3
    Last Post: 09-19-2008, 12:06 AM
  5. Bankruptcy Issues: Getting Payments Back for Debt That Was Not Reaffirmed
    By Dawgma in forum Bankruptcy Law
    Replies: 1
    Last Post: 11-02-2005, 04:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources