What can I do if a company keeps refusing payment plans that I have offered?

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What can I do if a company keeps refusing payment plans that I have offered?

I have been in contact with this company that I owe money to. I have tried several times to arrange a payment plan with them and they refuse every time. It has gone to collections and I have contacted them as well and they refuse also. I just do not want this to go any further. I am trying the best I can and they are not working with me at all.

Asked on August 17, 2010 under Bankruptcy Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is very frustrating when you are attempting to settle the debt for an amount you can pay each month and they refuse.  But you have every right to do so.  Try these words and ask to speak with a supervisor when saying them.  Take names and numbers too.

Tell the debt collector that you have, in good faith, attempted to resolve the debt in their favor.  That you have tried to come up with a payment plan that will insure that you can indeed pay the money each month and not cause you to default.  That you are willing to pay the debt rather than to discharge it entirely, which under the law you can.  Tell them that if the matter goes before a Judge in a legal proceeding - which you are attempting to avoid to incur additional costs and fees - that the Judge will never order you to pay more than you can afford and set you up to default.  That if the matter does get that far you will advise the court in your Answer to the complain that you have attempted in good faith to settle the debt long before this point and that the other party has acted in bad faith by refusing to do so.  That you will ask for sanctions and your costs if it is necessary for you to hire an attorney.  Then put it all in writing confirming with so and so that this conversation took place and mail it off by certified mail.  Then look for a debt counselor in your area for additional leverage.  Good luck.

 


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