If I’m paying on a debt, can they refuse to take my payment and take me to court?
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If I’m paying on a debt, can they refuse to take my payment and take me to court?
I owe on a debt, $6100, and they want me to pay $345 a month. I cannot afford to do so. If I send them any amount, like $50-$100 a month, can they still take me to court or refuse my payment?
Asked on February 23, 2011 under Bankruptcy Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The fact is that most creditors will accept a payment schedule, if its reasonable. However, a creditor is entitled to payment in full when a debt is due so it is not legally obligated to accept anything less. In other words, they can hold out for full payment or else take collections action and/or sue. If there is anyway to meet their schedule, try and do so. If not, then propose a schedule between what they want and what you originally offered.
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