Legal Question in Credit and Debt Law in California
We rented a store and couldnt pay the rent. We moved out and we do owe $11,000+. We have tried making payment plans with the property company by way of trying to pay $100 a month. THey are saying we must pay entire amount or will be sent to collections if not paid in 60 days. Can you be sent to collections if you are making payments on a past due business rental property? Is there anything we can do involving a lawyer?
1 Answer from Attorneys
A creditor can certainly collect on a delinquent debt and they are not compelled to accept a payment plan. While landlords are charged with mitigating damages by re-letting premises, in this market, shuttered, vacanat fronts are common and a business lease deficiency can be devastating. Consider your larger debt "portfolio" and options to eliminate all the debt in one fell swoop through federal bankrutpcy filing. Yes, you can certainly contact a lawyer to consult on this matter.
Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only and certain facts may be relevant to the San Diego court only; it�s independent of other answers. Seek legal counsel before acting or refraining from bankruptcy/legal action; it�s worth the cost. Okay, I�m done.