If Ihave been paying on a debt for the last 7 years and now they want to raise the amount I must pay monthly, is this legal?
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If Ihave been paying on a debt for the last 7 years and now they want to raise the amount I must pay monthly, is this legal?
I have faithfullly paid $60 a month for the last 7 years per our agreement being late only twice and early numerous times. I received a letter demanding $150 or more a month. I contacted them and said I could not afford that amount and would contiue to pay the 60 until its paid in full (the amount is over $60,000 from an auto accident that occurred 11 years ago). Then then replied I must submit my last 3 pay stubs and all my bills. I do not want to give them this info as I am afraid they will garnish my wages. What can I do?
Asked on August 25, 2011 Ohio
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good afternoon,
Thanks for reaching out and posting on our site. To get right to the point a creditor is not bound to accept an amount and are well within their rights to demand more. If they already have a judgment they can proceed to garn your wages if that is the route they would like to take. If you have an agreement that is signed were both parties indefinitely agreed to the $60 a month you may be able to use that and if needed motion to court if the creditor does begin garning your wages.
However that agreement may have been voided when you were late, i do not know the language of the agreement but many have a clause such as this.
Unfortunately, the creditor can look to increase the amount due, and because of the large amount owed it may be because if you pay $60 a month you may never pay the entire debt and the creditor may be trying to avoid that possibility.
You may want to consult a local attorney with the paperwork to discuss the legalities and your options in greater details
Good luck
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