How doI handle a debt thatI owe and am trying my best to re-pay?
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How doI handle a debt thatI owe and am trying my best to re-pay?
I cancelled my wedding on 10/20; my wedding was supposed to be 11/20. Contract with DJ states that payment is due 11/05 and even if cancelled full payment is still due. DJ calls constantly. I have told him that I am working on getting him his money. He calls work constantly. What are my rights if I am making an effort to pay just not as fast as he would like?
Asked on November 24, 2010 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, you don't really have any rights in this situation. If you had a contract under which you had the pay the money by 11/05--and did not--then the DJ has a right to insist on payment in full immediately. He does not have to accomodate you or work with you in regards to you attempting to pay as quickly as you can; usually, if there is evidence of good faith (e.g. a partial payment; a firm and reasonable payment schedule) creditors will work with debtors, but that's voluntary; they are allowed to request/require the full amount due them under the agreement. If the DJ uses a third-party collection agency to try to collect, there are limits to when and where they can call you--look up the Fair Debt Collections Practices Act for details. However, that's only if a third-party agency is used; the creditor him- or herself (or his or her direct employees) can call you as often as he or she likes.
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