What is the name of your state (only U.S. law)? NY
As a part of my divorce, the agreement states that I have to repay my wife for what was an original home equity loan. When I was ordered to pay the loan, I did not start paying it right away. As a result she hired an attorney and I was ordered to pay it with a new agreement generated by her attorney.
The agreement stated that the loan was due on the 5th of each month and that if I was late that I would incur a $15 fee on top of the payment. If I was more than 60 days late that I needed to pay the balance of the loan.
I have been paying the loan for several years and in May 2008 I stopped paying. At the end of July or the beginning of August it was now over 60 days due. In late November I received a summons for contempt for not paying the loan. She is seeking the remainder of the loan and attorneys fees. I was able to gather the entire balance and sent her a check for the balance.
If the agreement that I signed indicated that if the payment was overdue by 60 days and required payment in full, can she receive attorneys fees if I now paid the loan? I understand that it is 6 months past due and she was seeking payment, but I paid in accordance with the agreement. I would have thought it would have been a collections issue of small claims court thing at that point.
As a part of my divorce, the agreement states that I have to repay my wife for what was an original home equity loan. When I was ordered to pay the loan, I did not start paying it right away. As a result she hired an attorney and I was ordered to pay it with a new agreement generated by her attorney.
The agreement stated that the loan was due on the 5th of each month and that if I was late that I would incur a $15 fee on top of the payment. If I was more than 60 days late that I needed to pay the balance of the loan.
I have been paying the loan for several years and in May 2008 I stopped paying. At the end of July or the beginning of August it was now over 60 days due. In late November I received a summons for contempt for not paying the loan. She is seeking the remainder of the loan and attorneys fees. I was able to gather the entire balance and sent her a check for the balance.
If the agreement that I signed indicated that if the payment was overdue by 60 days and required payment in full, can she receive attorneys fees if I now paid the loan? I understand that it is 6 months past due and she was seeking payment, but I paid in accordance with the agreement. I would have thought it would have been a collections issue of small claims court thing at that point.