Can a creditor still take me to court if I’m paying them something?

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Can a creditor still take me to court if I’m paying them something?

I have been paying rent-a-center for 2 1/2 years and just made another payment of $211. I said I would make another payment next month. The center is threatening to take me to court if I don’t make another 1/2 payment. I have about $800 left to pay. I have had some hardships and pay them as much as I can.

Asked on March 23, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A creditor does not have to take account of your hardships; and you, as the debtor, do not have the right to determine how much you will pay, when. The creditor is entitled to payment of all sums you owe it; if you do not pay all sums, then it may sue you for the balance, even if you have been paying what you can.

On the other hand, if you have been honoring the terms of some payment plan which the creditor agreed to--either the original financing or lease plan, or some later payment schedule they agreed to--then they cannot sue you; as long as you are honoring your obligations under some agreement, they may not take action.


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