If I made an agreement with the plaintiff in a small claims case to make payments, what happens if I’m a little late each month?

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If I made an agreement with the plaintiff in a small claims case to make payments, what happens if I’m a little late each month?

Asked on June 18, 2012 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you breach the agreement by paying late, then the plaintiff would have the right to treat the agreement as terminated and immediately seek full repayment of any outstanding or remaining balance. If you anticipate that you will have difficulty making the payments as scheduled (e.g. payments are on the 5th of the month, but you're not paid until the 15th), you may wish to negotiate a slight change to the agreement, to better reflect your cash flow. If the plaintiff agrees, the date the payments are due can be modified.


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