Legal Question in Credit and Debt Law in California

consumer rights - bill payment

Does a company (in this case AT&T

Wireless) have a legal right to demand

payment in full, if you have been

paying some each month?


Asked on 7/02/08, 1:50 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: consumer rights - bill payment

From your question, its not clear whether by "payment in full" you mean payment of your monthly charges in full, or payment of an amount they claim you owe them as a result of a default on a contract. In either case, the answer is pretty much the same.

Yes, if you owe AT&T money, they can demand immediate and full payment, unless you have a written agreement with them that says otherwise. So, if you are talking about the monthly charges, and not paying them in full, your contract states that you will pay, within the timeframe set forth in the contract, all monthly charges when due. Paying something each month doesn't relieve you of the obligation to pay the full amount each month. If, on the otherhand, you are talking about an amount of money you owe them for a balance due on a contract, then you owe the entire amount immediately unless you have (in writing) an agreement with them that says otherwise. Sadly, under these consumer contracts, "close" doesn't cut it. If you are otherwise unable to meet your current obligations, you might want to consult with a bankruptcy attorney.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/02/08, 2:04 pm


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