Legal Question in Credit and Debt Law in Indiana

What is the lowest payment I can pay a month on a outstanding bill without getting sued?

Asked on 1/13/10, 7:44 am

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

the answer to that question depends on what your agreement states.

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Answered on 1/18/10, 1:24 pm
E. Brian Davis Davis Law Office

There is a common misconception that, if you pay some small amount of money per month on a bill, then the creditor can not sue you. That is false.

Presumably, the agreement sets forth a minimum monthly payment. If that payment is made, as Mr. Padove says, then the debtor would not be in default and the creditor would not be able to sue the debtor (assuming there was no other default).

Of course, you can reach an agreement with the creditor to accept less than what the contract calls for. If you do, make sure you get it in writing and that the creditor acknowledges it has agreed to accept (whatever) instead of requiring what the contract calls for as the minimum monthly payment.

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Answered on 1/24/10, 3:20 pm

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