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Advanced Credit Repair - Dealing with Collection Agencies Collection Agencies Dunning you? Are they complying with the FDCPA and or the FCRA? IF they are not, they could be liable for up to $1000.00 to you! This is the forum to educate and protect the rights afforded to you under the FDCPA and the FCRA. Legal aspects of credit restoration will be found in this forum. MEMBERS CAN POST ANONYMOUS QUESTIONS...

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Old 09-21-2007, 05:35 PM   #1 (permalink)
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About in march of 2006 I got a settlement letter from a collection agency on behalf of verizon, I paid the amount and wrote "PAID IN FULL" on the check. They cashed the check but instead of showing settled on my credit report they just subtracted it from the total amount that they said I owed. Verizon has been putting KD on my account every month since then. What can I do?
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Old 09-21-2007, 05:50 PM   #2 (permalink)
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Writing "Paid in full" on a check is called a restrictive endorsement, and also referred to as "accord and satisfaction." It is not accepted in every state, and in the ones where it is legal, there may be some specific rules that must be followed before it will hold up.

In California a letter must be written in advance explaining the situation and that a check will be sent for less than the total due. Then the check can be sent, and if cashed may hold up in court. In other states there are restrictions on where it can be sent, such as not being allowed to be sent to a PO or drop box. Sometimes there has to be a legitimate dispute before the lesser amount will be accepted.

The first step is to determine if your state allows this practice, and second to determine if all the rules were followed properly. In most cases the rules are outlined in the UCC under Chapter 3 - Negotiable Instruments - Restrictive Endorsements.
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Old 09-24-2007, 09:49 AM   #3 (permalink)
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A few more questions Knat....

Did you keep the settlement letter? And did you comply with their settlement terms (i.e. sent the check in a timely manner)?

Have you contacted the CA or Verizon to register a FACTA dispute? Have you disputed with the CRA?
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