If I lost my last court case and am sending payments to the plantiffs, is my payment method going to hold up in court?

I lost my court case regarding a renters’ dispute, and am now sending payment contracts to the Plantiffs. I’ve sent 2 drafts of a payment contract, stating that I will be paying over 2/3 of my monthly paycheck to them. These payments will be sent once a month until the amount is paid off. The plantiffs, however, have said these contracts are not good enough and have even attempted to add compound interest onto the contract, which was not ordered by the court. I have now resorted to making $50 monthly payments, they are just not accepting it. Will my payment method hold up in court if they sue?

Asked on July 11, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Read the court order.  Some court order require specific payment methods such as cash or money order.  Some orders grant prejudgment interest at 10% (the maximum legal rate).  I am not sure how $50/month is equal to 2/3 of your monthly paycheck.  In addition 2/3 of your monthly paycheck may run afoul of wage garnishment limits set by the Federal government. 

Whatever you do follow the order.  If they sue stating you aren't following the order, you will win if you really are. 

 

Best of luck.


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