If I agree to pay off a debt for which I am being sued, can they insist on a down payment?

Answer 1

You can always make deals before the actual trial date. They may ask for a payment at that time or they may not.

Do not give them your checking account number!!! Make your payments by money order or certified check.

If you do come to an agreement with them before the trial date, BE SURE to have that agreement filed in your case file. Be there when they file it or do it yourself.

If you make an agreement with them, stick to it or they will not give you another chance. They will go ahead with the suit.

Have you checked to see if you are still within the legal statute of limitations (SOL) for collections on the debt?

Have you requested validation on the debt so that you know they have not illegally inflated the amount?

If the answer to both of those questions is no, then check your SOL and ask them to validate the debt.

Answer 2

I don't think it is unreasonable.

Get it in writing that they will take it off of your credit report once you pay the debt. If you don't get a written promise about this, the blemish will be on your record for 7 years until after the date you pay it.

Answer 3

They can insist all they want, but they can't force anything. You should simply tell them what you can afford, and tell them that you intend to make good on the debt. But if they are trying to force you into a payment you can't afford, you'll have to tell them to go ahead and sue you. Even then, if you don't have it, you don't have it.

Answer 4

try to give them one last time and in writting. If you go to court as it may be a threat bring the supporting documentation that you tried to work out an reasonable payment plan.

Answer 5

yes they can. but they can also get you to have automatic withdrawls from your checking account for the amount agreed. but if you got to the point where the credit cafrd sues you, to meant that they tried everything they could do get you to pay and you did not. so they might not be as nice now.