How can I renegotiate payments an on-line payday loan company refuses to?

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How can I renegotiate payments an on-line payday loan company refuses to?

I can no longer afford the monthly payments. If I pay this month, my utilities will be shut off. They advance company refuses to work with me. I want to close my bank account and start sending them a few hundred dollars each payday. What can they do? What will they most likely do? I want to pay it back but can’t live with the outrageous payments. I made it for about 4 months but can’t do it now.

Asked on October 5, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, a creditor is under no obligation to work with you, negotiate with you, or accept less than full payment. If they won't work something out, you can't make them.

If you stop paying, they can sue you. Assuming they win--which they will, if it is valid debt and you have defaulted on it--then your credit rating will be damaged, since there will be a default reported against you. If you don't or can't pay the judgment, they will potentially be able to take one or more of the following actions: garnish (or take part of) your wages; garnish your bank account; put a lien on any real estate you own; execute on other property (like vehicles you own), which means to force the sale of the property to pay them.


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