Legal Question in Credit and Debt Law in Virginia
Finance co payment
Due to FMLA and short term disability my income was reduced for a long period of time. I took a partial payment to a finance co. and they refused all pmts from me except the total amt due. Any thing I can do abt this? They are now wanting to take me to court.
1 Answer from Attorneys
Re: Finance co payment
Well, we really need to know more about this to
give a meaningful answer. What kind of finance
company? A mortgage? A car? Or something else?
The answer will mainly depend on what the loan
document actually says.
The finance company does not have a right to
refuse your partial payment, particularly if
the consequences are that interest may accumulate. You should try to document the fact
that you offered them payment. If you don't
have proof or a witness, try again to offer part
payment and go with a witness or get some
documentation. Or try to engage them in WRITTEN
dialogue in which they might admit more of this.
However, other than reducing interest, I don't
know what you WANT to happen here.
If you have not paid the full payment, then
the finance co. MAY have the right -- depending
on what the loan agreement actually says --
to demand immediate payment of the entire loan.
This is called "accelerating" the loan.
IF that is what the loan agreement says, then it
will not make any difference if they take a part
payment or a full payment. If the regularl
monthly payments are not made, they can "call"
the entire loan.
Of course, bear in mind that if they go to court
and win, that DOES NOT mean you pay right away.
All that means is that there is an official
court decision that you owe the money. It looks
bad on your credit. But it does not mean you
pay right away. They have to try to collect the
money from you by garnishing bank accounts or
such.