Legal Question in Credit and Debt Law in Texas

Re: Refusal of payment

First, write to them and specify that all future contact is to be by mail, and not by telephone. Explain what the situation is, and make an offer of repayment over time; try and pay as much as you can as quickly as you can. A payment of $10 per month for 500 months is a non-starter when the debt is $5000. Make it realistic, and one you can live with. They may accept your offer, or try to negotiate a better deal.

Remember, a creditor is not obligated to accept less than full payment. You have to negotiate a series of payments with them.

Re: Refusal of payment

The Fair Debt Collection Practices Act prohibits harrassing phone calls to a person's office. Depending on exactly what was said and done your husband may have a claim under the FDCPA. The creditor does not have to take partial payment if he does not want to, however, it is not a good business practice. I have met few collection agencies or collection attorneys who would turn their nose up at a voluntary steady payment stream, even if it was a little at a time.