Can a creditor still take me to court if I’m paying them something?

UPDATED: Mar 23, 2012

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Can a creditor still take me to court if I’m paying them something?

I have been paying rent-a-center for 2 1/2 years and just made another payment of $211. I said I would make another payment next month. The center is threatening to take me to court if I don’t make another 1/2 payment. I have about $800 left to pay. I have had some hardships and pay them as much as I can.

Asked on March 23, 2012 under Bankruptcy Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A creditor does not have to take account of your hardships; and you, as the debtor, do not have the right to determine how much you will pay, when. The creditor is entitled to payment of all sums you owe it; if you do not pay all sums, then it may sue you for the balance, even if you have been paying what you can.

On the other hand, if you have been honoring the terms of some payment plan which the creditor agreed to--either the original financing or lease plan, or some later payment schedule they agreed to--then they cannot sue you; as long as you are honoring your obligations under some agreement, they may not take action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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