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  1. #1
    Join Date
    Feb 2013
    Posts
    1

    Default Breach of Contract Suit but Have Not Defaulted

    My question involves collection proceedings in the State of: Missouri

    With in the past 6 months, I was turned over to a collection agency/attorney for debt collection. This agency contacted me via phone and an agreement was made. The monthly payment is directly debited to my bank account per this agency. Since this agreement, every "check" has cleared within 48 hours or less with no returned payments for insufficient funds. I thought all was going well. Recently I started receiving local attorney advertisements for consultation regarding my "case" and "lawsuit". I so got notice of a certified letter waiting for me at the post office. I logged on to our local court system via Internet, typed in my lame, and low and behold, I've been assigned a court date for breach of contract!!! The payments have been made and are still being deducted! I haven't breached anything! I have bank statements and cancelled checks to prove it! What do I do?? Do they really have a case???

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Breach of Contract Suit but Have Not Defaulted

    What do I do??
    respond to the case. Many debt collectors are very good at utilizing the system to obtain judgments that really should not have been granted. Service of the complaint at this point is questionable as it has not been delivered, I would treat it as you have been served and defend the suit.

    Do they really have a case???
    I have no idea. I have no idea what the basis for their claim is but if it was me, I would surely find out.

  3. #3
    Join Date
    Feb 2013
    Posts
    6

    Default Re: Breach of Contract Suit but Have Not Defaulted

    Quote Quoting Intears
    View Post
    My question involves collection proceedings in the State of: Missouri

    With in the past 6 months, I was turned over to a collection agency/attorney for debt collection. This agency contacted me via phone and an agreement was made. The monthly payment is directly debited to my bank account per this agency. Since this agreement, every "check" has cleared within 48 hours or less with no returned payments for insufficient funds. I thought all was going well. Recently I started receiving local attorney advertisements for consultation regarding my "case" and "lawsuit". I so got notice of a certified letter waiting for me at the post office. I logged on to our local court system via Internet, typed in my lame, and low and behold, I've been assigned a court date for breach of contract!!! The payments have been made and are still being deducted! I haven't breached anything! I have bank statements and cancelled checks to prove it! What do I do?? Do they really have a case???
    Check the agreement you made with the collection agency. While you did make monthly payments, maybe there was something in there about making payments for a set number of months with the final month being the remaining balance due.

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