IfIwas sued regarding a debt but the court did not yet find for the Plaintiff, should I continue to make payments underour repaymentplan?

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IfIwas sued regarding a debt but the court did not yet find for the Plaintiff, should I continue to make payments underour repaymentplan?

I set up a payment plan with a credit card company through the law office that they retained. They had already filed against me in court. I just received a paper from the court that says the plaintiffs was denied without prejudice. It says, “The court finds the amount of debt to be ambiguous. The plaintiff may refile with account statements attached verifying the amount of debt and debtor. The plaintiff shall also revise the stipulation to reflect the revised lower payment of debt due to a payment made by defendant”. Should I continue to pay them as agreed, or wait.

Asked on October 24, 2011 under Bankruptcy Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a payment plan with the creditor which the creditor has accepted, they should not even be able to sue you as long as you honor the agreement (e.g. make the appropriate payments under it). The key thing is, it can't merely be something you proposed and they did not get back to you on; it must have been accepted by the creditor. But if accepted, as long as you pay per the plan, they can't sue you or take other action, and if they due, the plan and your adherance thereto would be a defense to the lawsuit. Therefore, if you have a plan that's been mutually agreed to, you can afford to make the payments, and you are not challenging the validity of the debt, it would seem beneficial to keep making the payments, since you can then hold them to the plan as long as you upheld your end.


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