can creditors deny payment

United States
January 16, 2007 6:27pm CST
I am wanting to know something I had a credit card for a store and ran it to 700 dollars and then things happened and I ended up not paying well now a lawyer sent me a letter and told me i had 5 days to pay 1272.00 or they were suing me. I told them i could pay 50 a month and they said they couldnt do that. so my ? is are they allowed to decline my payment I thought they had to accept what i could give them i amnot denying i owe it i just pay all of that and then they told me i had to have a bank acct so they could take it out is that right
1 person likes this
9 responses
@judyt00 (3497)
• Canada
17 Jan 07
The letter probably asn't even from a lawyer, but from a collection agency. and they HAVE to accept partial payment from you, as long as its more than the minimum payment would be. As far as i know, when they refuse to accept payment, they can no longer ask you for anything. Collection agencise do tend to bully you until they get twice what you owe, though. i had a friend who just called up the credit card company and said she would give them 60 cents on the dollar take it or leave it, and they accepted.
1 person likes this
• United States
18 Jan 07
did some searching and it is from a collection agency cant they get in trouble for that
@judyt00 (3497)
• Canada
11 Feb 07
No, unfortunately, they can't get in trouble, they can say and do almost anything they want, However, if they start harrassing you then you can do something.
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@finlander60 (1804)
• United States
17 Jan 07
My advice to you is to send them a check in the mail, stating what it is for. A credit counselor told us that several months ago. If they cash it you have proof that they accepted it. Continue to send them $50.00 every month after that. I think you will discover that any lawsuit will quietly disappear. Good luck.
1 person likes this
• United States
17 Jan 07
thank you for that advice. she is sending me a fed x packet should have it today but she said they have to be able to take it out of my account automatically..i dont like that idea to much
@judyt00 (3497)
• Canada
11 Feb 07
Don't let them do direct withdrawal! They will take out more than they say, and they will continue withdrawing money long after the debt is paid. and simply say it was service charges.
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@annihilus (2181)
• Italy
28 Jan 07
It depends from le laws of your Country. generally if you have a debit and the creditor claims to be paid you need to pay. Otherwise if you have not all the money you can dilaying monthly the payments. They can apply fees.
1 person likes this
• United States
17 Jan 07
they can sue u what u would need to do is come to an agreement and try to send something or eventually u will have to go to court and they could end up garnishing wages and or putting a lean on property if u own it
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• United States
17 Jan 07
i tried talking to them and they would not take 50 a month on it the lady told me she couldnt do that. and it wouldnt stop the suit
@onesiobhan (1327)
• Canada
17 Jan 07
You need to check the user agreement for your card. It will probably say that they have the right to demand payment whenever they want. You can try sending the money and see if they accept the funds. Chances are they are going to send your account to a collections agency, but it might be worth a try.
1 person likes this
• United States
17 Jan 07
it has already gone to a collection agency, it is now with a lawyer..i didnt think they could deny payment . iam tring to make good with this but they want 500 or nothing and then they will sue me..
@howard96h (11640)
• New York, New York
12 Feb 07
Yes the collection agencies should accept your payments and DON'T give them your bank info. They will clean you out. Saw it happen to someone, then they needed to change banks.
1 person likes this
• United States
13 Feb 07
thank you but i think it is a little late I did sign a paper saying that they would take 100.00 out each month on a certin date and i made copies before i sent them back to them.. the first time they pull any crap I will show my papers stating what they agreed to take out .. I know i owe the money i just dont want them to take it all at once. so hopefully they wont screw me over(excuse my language) thank you
• United States
18 Jan 07
Call them and see if you can make payments to them. They have to try to help you out and come to an agreement of what you can pay. I had this happen with my hospital bill from when I had a baby. I kept getting all these bills and couldn't pay them all. Well I was paying on each one as much as I could and they sent me a letter saying they were going to send me to collections. It didn't get turned over to a lawyer though. I just called and set up an amount that I could pay each month. But then I got a charity form and they paid the rest 100% for me. Good luck!!
1 person likes this
@howard96h (11640)
• New York, New York
20 Feb 07
DON'T give them your baking account info. they will clean it out. I have seen them do this to many people. Just keep sending in your payments and don't take their calls anymore because they are trained to pressure you and try to scare you into paying more money. Your paying what you can afford. Keep up the payments though, don't miss any.
@howard96h (11640)
• New York, New York
20 Feb 07
I am sorry, I see now that I answered this post last week. Accept my apology.
@ninebags (145)
• China
25 Apr 09
In my country, banks allows creidtors to pay minumum payment every month, usually 10%. Say, if you owe 700 dollars, you can pay 70 dollars per month, then it's OK, they will not sue you, and it will not impact your credit record. But if you cannot repay this minimum payment, bank charges late fee in the first 3 months and it impacts your credit record. If you cannot repay minimum payment for 3 months, then the bank will send a confimation letter to you for asking you to pay back money, it will sue you to the court till 6 months.