Legal Question in Credit and Debt Law in New York

Collections

If you make an arrangement with a Creditor to pay a certain amount per month and you missed a month but then continued paying, can they sue you for the full amount?


Asked on 3/15/07, 4:23 pm

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Collections

Read the agreement that you made. If there is nothing in writing, of course they can sue you. If there is a writing, what does it say.

Good Luck

RRG

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Answered on 3/15/07, 9:43 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Collections

The answer is it depends on what the arrangements were. Usually the agreement would include a provision that states that IF there is a default that is not cured after some notice from the creditor is given, the creditor would have the right to do something they could not do if there was no default. Simply stated, if you did not default does the agreement prevent them from suing you? Therefore, it stands to reason that IF you defaulted they could do something. If you make up the missed payment it would probably not look good for them to still sue you but it really is up to what the written agreement says...if there was no written agreement they can do whatever they like, more or less.

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Answered on 3/16/07, 12:09 am


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