If I’m paying on a debt, can they refuse to take my payment and take me to court?

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If I’m paying on a debt, can they refuse to take my payment and take me to court?

I owe on a debt, $6100, and they want me to pay $345 a month. I cannot afford to do so. If I send them any amount, like $50-$100 a month, can they still take me to court or refuse my payment?

Asked on February 23, 2011 under Bankruptcy Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact is that most creditors will accept a payment schedule, if its reasonable. However, a creditor is entitled to payment in full when a debt is due so it is not legally obligated to accept anything less.  In other words, they can hold out for full payment or else take collections action and/or sue.  If there is anyway to meet their schedule, try and do so. If not, then propose a schedule between what they want and what you originally offered.


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