Legal Question in Credit and Debt Law in Texas

payment refusal

I have a collector calling me to pay the total on a dept that i can not afford which is about 4,000 dollars. I told them I would be able to make a monthly payments of 50.00 dollars a month. they said the would not except it and they would send it back because it is not the full amount. This is a collection agency I was talking to.Thanks


Asked on 10/22/01, 12:21 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: payment refusal

If the entire amount is due, then the creditor does not have any obligation to accept payments. The agency, as his/her agent, therefore, has no obligation to accept payments. The agency can go to court, get a judgment, and attempt to collect the judgment. This, however, is not simple and unless you have assets or a job vulnerable to a writ of execution, it could be very difficult for the creditor to satisfy the judgment. The creditor will also have to incur additional expenses without assurance that they are recoupable. Talk to your creditor, not the agency, and see if you can't work out a payment schedule. It may be more appealing to the creditor, than it is to the agency.

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Answered on 11/22/01, 4:14 pm


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