Can you have a court order or warrant sent out to you for a debt?
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Can you have a court order or warrant sent out to you for a debt?
I have a debt in collections. I no longer live in the same state and they have sent me a consent judgement form in the mail that they want signed and returned. They said if I don’t send it back that further legal actions will be taken. If I am sending in consistent payments regardless of what they say they can accept can they still go through with a legal process against me even if I am paying towards the debt at any amount? Can they set out a warrant if I don’t pay everything right away? They weren’t willing to set up affordable payment arrangement
Asked on November 28, 2011 under Bankruptcy Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) A creditor (someone you owe money) is not required to set up an affordable payment arrangement; if you are in default on a debt (i.e. didn't pay it, or paid it late, or only partially paid it, etc.), they may take legal action against you.
2) Even if you are sending payments and they are accepting them, they can still sue you. Only if you pay the entire amount due, paying off the debt and eliminating any basis to be sued, would your payments stop legal action. Paying anything less than the entire amount due does not preclude them from taking action to collect the balance, though all payments you make should be credited against what you owe.
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