If a creditor and I can’t agree upon terms for an installment agreement to reinstate driving privelges, can i seek the court to order payments?
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If a creditor and I can’t agree upon terms for an installment agreement to reinstate driving privelges, can i seek the court to order payments?
The debt is from a lawsuit from a vehicle accident. I have made several attempts to offer payments to the creditor and they are unwilling to accept what I can afford. I am exempt from garnishment due to child support obligations and can only afford about $100 a month. They say they won’t accept less that $375 or want a lump sum payment. What can I do?
Asked on March 22, 2012 under Bankruptcy Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A court will not, and cannot, order a creditor to accept a payment which it is not willing to accept--that is beyond the court's power. It may be the case that the creditor cannot get more money out of you than you are willing to pay (for example, due to child support obligations), but that still does not meant that the creditor has to accept what you are offering as satisfaction of your debt. They can continue to hold you in default, with the resulting impact on credit history or driving privileges, until and unless you pay off the full amount or come up with plan they voluntarily accept.
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