What to do about an attorneys office that now wants us to pay more than we can?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about an attorneys office that now wants us to pay more than we can?

Bought a car, couldn’t afford it, surrendered it and after auction have been paying on the difference ever since. the collection agency has now gave it to an attorneys office. We have been paying regularly $100/month. Now they say without an automatic bank draft of $450/month. The case will come under”legal review”, whatever that is. What should we do or not do?

Asked on May 2, 2011 under Bankruptcy Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

"Legal review" is not an official term in the law; it probably means here that teey will review the case to see if they should file a lawsuit against you.

The problem for you is that a creditor is not obligated to accept anything less than payment in full, on time (or immediately, if the debt is already past due). Therefore, the creditor (or their collection agency, lawyer, etc.) is within their rights to say  "Pay $450/month automatically or we will sue you." You can certainly try to negotiate with them, but they are  not obligated to meet you halfway or take cognizance of what you can afford--they are allowed to hold out for what they want, as long as it's not more than you legally owe.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption