How doI handle a debt thatI owe and am trying my best to re-pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI handle a debt thatI owe and am trying my best to re-pay?
I cancelled my wedding on 10/20; my wedding was supposed to be 11/20. Contract with DJ states that payment is due 11/05 and even if cancelled full payment is still due. DJ calls constantly. I have told him that I am working on getting him his money. He calls work constantly. What are my rights if I am making an effort to pay just not as fast as he would like?
Asked on November 24, 2010 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unfortunately, you don't really have any rights in this situation. If you had a contract under which you had the pay the money by 11/05--and did not--then the DJ has a right to insist on payment in full immediately. He does not have to accomodate you or work with you in regards to you attempting to pay as quickly as you can; usually, if there is evidence of good faith (e.g. a partial payment; a firm and reasonable payment schedule) creditors will work with debtors, but that's voluntary; they are allowed to request/require the full amount due them under the agreement. If the DJ uses a third-party collection agency to try to collect, there are limits to when and where they can call you--look up the Fair Debt Collections Practices Act for details. However, that's only if a third-party agency is used; the creditor him- or herself (or his or her direct employees) can call you as often as he or she likes.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.