Any laws to protect us??

[ltr]

What is the name of your state? NY

I had an agreement with a creditor to pay $50 per month. When I lost my job I told the creditor that I wouldn't be able to pay $50, but could pay a lesser amount. I sent $30 for payments. He was accepting these, but calling to say he was going to file a judgment if I didn't pay the $50. I explained about my job and that I would go back to the $50 when I began to work again. He said he didn't care and if I didn't pay $50 a month without missing one month, he would file a judgment. He continued to accept a couple more lesser payments before filing the judgment.

My question is, can he accept the lesser amounts while threatening judgment? Can he threaten judgment without doing it and accepting the lesser payments, then down the road file the judgment? Is there anything to protect us after signing an agreement, but losing a job? Thanks for any help.

[racer72]

You didn't uphold your end of the deal, it is perfectly legal.

[ltr]

Someone wrote on another post that a collector can't threaten judgment and then not do it. They also wrote that they can't accept a lesser payment while threatening judgment and not doing it. That is the info I am looking for. I think it was Debtcollector....are you there?

[debtcollector`]

Originally Posted by ltr

Someone wrote on another post that a collector can't threaten judgment and then not do it. They also wrote that they can't accept a lesser payment while threatening judgment and not doing it. That is the info I am looking for. I think it was Debtcollector....are you there?

Not exactly.

The original creditor can do pretty much anything they want. There are some restrictions, but I'm not worried about that because I don't extend credit

1. A collector can not threaten an action that they do not intend to take. So, if one of my collectors tells a debtor that if they don't pay by Friday, we are going to sue -- I will have to fire him for overstepping his bounds and turn the file over to legal with a please rush sticky.

That said, it is perfectly legal to imply a pending suit or make the consumer believe it could happen -- as long as we don't say, "I am going to sue you" with actually filing suit as promised. That falls under Section 808.

2. Accepting payments and suing. Nothing wrong with that at all. Once you are in default, the balance in full is due and payments are a courtesy. If you fail to make the payment, you could be sued.

DC

[ltr]

Thanks so much Debtcollector, for answering my questions. This was a bill to a lawyer, for my divorce, that was paid in full to the amount of $6000. Then months later he sent me another bill for $2000. more. I didn't have anymore or expect another bill, that's why I was trying to pay it off. Anyway, thanks again.

[LeeHarveyBlotto]

He can threaten, but he's not going to sue you. So he gets a judgement, so what? What then, attach your non-existent wages?

[ltr]

Hi LeeHarvey - that's true, but he recently filed a subpoena for me to give a deposition to find anything that I may have that he can take. I don't think that worked out the way he liked and I feel like he is lurking after me. I'm not a bad person, but I feel like I got a raw deal anyway.