Posts Tagged ‘protest’

How to settle debt with Attorney Office?

My credit card account is in debt collection and be passed to a attorney to sue me. I have contacted the attorney – he started threatening me that he has my account only to sue me – and that any arrangement with go through the court. I had asked how to avoid that, then he suggests that I settle with him and then will not be sued and avoid judgment – He is willing to settle but I am not sure if this is trap. The reason is that in NH where the account is, if a creditor cashes a full payment check and explicitly retains his right to sue you by writing "under protest or without prejudice" with his endorsement, then he can come after you for the balance. But those exact words must be used. If he writes "without recourse," communicates with you separately, notifies you verbally or writes on the check that it is partial payment, it is not enough.
Please advise how I could make sure he is not going to trap me and come back for the unpaid part later.

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