Legal Question in Credit and Debt Law in New York

My husband and I have been contacted by a lawyer representing a debt collector. They refuse to work with us and offer a payment plan. Apparently if we can't settle for an amount and make 1 payment in full, they would prefer to file a judgement. Is this a legal practice of not allowing a payment plan?


Asked on 2/28/11, 10:33 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

A creditor is under no legal obligation to work with a debtor to settle a debt or work out a payment plan. After a debt is past due, a creditor may file suit in the appropriate court to obtain a judgement. That judgement can stay on your credit report for 20 years in the state of New York.

However, as a practical matter, most judges make some attempt to settle cases -- so even if the creditor is not offering to settle the case now, they may be inclined to at a later point in time -- under pressure from a judge. Depending on the amount due, you may want to consult with an attorney who can advise you how to best handle this at minimum expense to you.

If you need further assistance, you can contact my office via email.

Good luck!

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Answered on 2/28/11, 11:17 am


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