Can I ask the attorney that represents my HOA to extend the date thatI need to pay 1/2 the amount of the back sumI owe?

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Can I ask the attorney that represents my HOA to extend the date thatI need to pay 1/2 the amount of the back sumI owe?

I owe my HOA a back sum of $2600. I asked for a payment plan of $326 down and $25 a month. They rejected that and countered with 1/2 of the balance owed by today and monthly payments of $266. I really need an extension sothat Ii can gather the money and get the sum paid off. Is this a possibility if I write the attorney a request?

Asked on October 22, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's *possible*--but only if the attorney (or more specifically, his client, the HOA) agrees. A creditor is not legally required to accept anything other than payment in full when a debt is due. Anything else--such as a payment plan, or agreeing to accept something less than payment in full as full satisfaction of the debt--is completely voluntary. If a creditor is offered anything less than payment in full, they can sue; which means that if they offered a payment plan or deal and the debtor won't or can't accept it, they creditor can sue. Therefore, you can always ask, but they don't have to grant you the extra time. If you think the attorney him- or herself is simply being unreasonable, you could try to reach out directly to the HOA to negotiate--though they are not obligated to talk to you directly.


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