I have court on Monday, I have all my checks that I paid them and i have been making payments towards my vehicle but not the full amount... They have called my work several times and I finally sent them a letter saying that I will pay them but to not contact me at work and they did twice after that, I feel harassed... I am goin thru a rough time right now is why I havent been paying them the full amount, but I'm at least trying.
2006-12-08 06:53:42 · 4 answers · asked by precious_sea_shell18 2 in Business & Finance ➔ Credit
Two things...
The original creditor is not covered under the Fair Debt Collections Act, so they can pretty much harass you at work all they want, (until you get a harassment complaint filed).
And you may want to ask a local lawyer familiar with your state's laws on this one. Lets say you have a contract (even in writing). You start making payment for less then the agreed upon amount. If the creditor accepts at least 3 in a row, it COULD constitute a contract "volation" (legal term..look it up). It means that there is an agreement to modify the original contract and does hold up legally.
To pass this by the judge, you need to show that the creditor was aware of this agreement. For example, writing on the check "paid in full" and thinking the court will accept this as a volation of the original contract will not fly in most states. But the creditor accepting 3 checks will.
2006-12-08 12:15:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you agree to may a certain amount in payments and fail to pay the entire amount, you are in breach of your contract. If they agree to accept a lesser amount, then you may be able to get things worked out without your losing your car. If you fail to pay them as agreed, they have the right to demand full payment plus court costs and attorney's fees. If you go to court and they get a judgment, then they can repossess the car and you will be responsible for any costs incurred in them getting the car back. They cannot garnishee your wages until they get a judgment against you. Once they get a judgment, you can file a form with the court to make smaller payments. The court must approve any payment schedule and should you fail to make ANY payment on time, you could be back in the same position you are in now. I would try to work something out with them prior to court, even if it was at the courthouse. Once the judgment goes down against you, they are pretty much in control. You may also see if you can get the car financed elsewhere.
2006-12-08 07:05:19 · answer #2 · answered by Flyby 6 · 0⤊ 0⤋
I'm sorry that you are going through a rough time right now, and that this company is harassing you. Unfortunately they couldn't care less.
As far as they are concerned, you are a dead beat who has broken your word with them. They don't care if you are trying your best. If your payment is a penny under, they will have a problem with it. You need to see if they will make some kind of arrangements with you or sell the car for a cheaper one. Don't let this go as far as a repo or you will have a tough time buying another car for many years to come.
2006-12-08 08:10:35 · answer #3 · answered by ZCT 7 · 0⤊ 0⤋
yes they can. they dont care about your problems. you signed a contract to pay x amount of dollars on X day each month. if you are not keeping up with your end of the bargain. then they can either garnish your wages or repo your car. as your not making full payments.
if you cant afford the car. maybe you need to look in to a cheaper car or find someone to take over payments for you and let the car go.
2006-12-08 07:01:22 · answer #4 · answered by Jecht 4 · 1⤊ 0⤋