Legal Question in Credit and Debt Law in Alabama

Minimum payment

I co-signed with my son for an apartment. He did not pay the rent, I did and it was around $1500.00. It has been about a year. A collection agency called me on my job with no prior notification that there is a balance of $235.00 plus other charges. When I am notified by mail, can I send the collection a $1.00 a month until this bill is paid? The caller suggested that it was going to some court??? They have never sent me any correspondence prior to 2-12-2004.


Asked on 2/12/04, 6:47 pm

2 Answers from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Minimum payment

Well, first, you should lay some ground rules with this collector about their contacts with you. Send them a letter disputing the debt and requesting proof, including an itemized list of what those charges are for. Tell them that they are not to contact you at work. If you find out that this is something you really do owe, offer to pay them a certain amount per month in settlement of the claim. (I doubt they will accept the $1/month amount you suggested.) After you have disputed the debt and told them not to call you at work, notify an attorney if they call you again at work, speak to anyone else about this debt, if they threaten garnishment or other collection action or if they correspond with you further without having provided proof of the debt. Good luck!

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Answered on 2/12/04, 7:26 pm
Fred Wood Fred Wood & Associates LLC

Re: Minimum payment

The minimum payment thing is a old wives tale. If you are in breach of the lease they can file suit to collect the whole balance. Some low payment does not help at all. However, if you have already paid over a thousand it is unlikely they will go to court over a couple of hundred. If the landlord is a corp. they can't represent themselves except in small claims. Also, the filing fee is almost as much as you owe.

You can probably resolve the matter by agreeing with them to make a small payment each month. This is what I would do. Or, they would probably settle for a one time payment of about half of what you owe. I would just talk to them and see.

On another note, I know it is hard, but I would cut my son loose as far as cash help. You are just enabling him to continue his ways knowing you will bail him out. You need to force him to grow and take responsibilty. Hope this helps.

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Answered on 2/13/04, 2:16 am


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