Legal Question in Credit and Debt Law in Illinois

debt collection

I have been paying my car late since october due to problems with my daughters child support and I will not be able to catch up with payments until february. right now I owe nov and dec payments and tomorrow, dec 26 I will mail nov payments. Last week I received a phone call from Volks credit telling me (in a very disrespectful way) that if I don't send a payment next day service (as they call in an urgent'' manner) they will recommend repossesion of my car. I told them I will mail apayment thru regular mail on the 26 of dec and the other payment on the 12 of Jan and that unfortunely I will not be able, financially of mailing next day service which cost about ten to twelve dollars. I will like to know what ''time'' I am entitled to catch up with my payments without been threaten, I never refuse to mail a payment but not thru next day service.

Asked on 12/25/00, 9:00 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: debt collection

When you're in default, you're in default. The lender doesn't care why, or whether you intend to make payments according to some schedule you find more convenient. You promised to make payments according to a schedule and you didn't do it. That's all they know. There is no legal way, short of bankruptcy, to stop them from exercising any of their rights under the contract. I'd let the daughter take care of her own obligations (file a motion to have the child support payments reduced, perhaps) and you take care of yours, if I were you.

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Answered on 12/27/00, 2:52 pm

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