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  1. #1
    Join Date
    Aug 2009
    Posts
    7

    Smile Check Payment

    I am in the State of CA:

    Is it true that if you send a debtor a check for payment of any amount on a debt you have and are responsible to pay back, and they cash it, that means they accepted your terms and must accept that amount each month until debt is paid in full?

    Also, If they do cash your checks each month, can they still take you to small claims court because they want a bigger payment each month or will small claims tell the debtor that the party is paying in good faith and you accepted the checks and so it's not a good fight?

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Check Payment

    Quote Quoting Mykidsmommy
    View Post
    I am in the State of CA:

    Is it true that if you send a debtor a check for payment of any amount on a debt you have and are responsible to pay back, and they cash it, that means they accepted your terms and must accept that amount each month until debt is paid in full?
    No that is not true

    Also, If they do cash your checks each month, can they still take you to small claims court because they want a bigger payment each month or will small claims tell the debtor that the party is paying in good faith and you accepted the checks and so it's not a good fight?
    If you've been sent to collections then you haven't paid as agreed and the collection agency is not bound to any payment plan.

  3. #3
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Check Payment

    No, I was not sent to collections. This is a private party who is demanding a huge amount in one month, which I can not do. They stated if they do not receive the whole amount in one month that they will seek legal action against me. I am not affraid of legal action because it is what it is. You can't get blood out of a turnip! I don't have the money all at once. Payments are all I can do.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Check Payment

    unless you have an agreement that you are fulfilling (amount and timing of payments) a suit will give them nothing more. If there is no set payment schedule, you can be sued and the other party will be given a judgment. They can then use any and all methods available by the law to collect the judgment.

    the judgment may very well also end up on your credit report.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Check Payment

    If the problem is with your X's lawyer from here http://www.expertlaw.com/forums/showthread.php?t=83021
    then if you could make some payment and send a letter stating you how much you will pay each month or even twice monthly or weekly and then follow thru it will look better than sending nothing and/or not explaining the situation and your plan for repayment.

  6. #6
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Check Payment

    Thank you! That was suggested to me to do that with my first payment to show I am making every effort to pay off the debt in good faith, which I have no problem doing! Sending me a very threatening email only, with no payment arrangements or anything signed by both parties, isnt' very nice to say the least.

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