Does my attorney have to accept a payment plan?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my attorney have to accept a payment plan?
My divorce has ended up costing me much more than I had expected (in excess of $12,000 for a divorce with few assets and no children). I currently owe my attorney $1,800 but do not have the money to pay him. Does he have to accept a payment plan for this outstanding balance? I asked him to work with me and he has refused. I want to pay him but cannot pay him the full amount right now. If I make an attempt to pay him each month, can he take me to court and garnish my wages?
Asked on May 5, 2011 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, no one you owe money to--bank, attorney, credit card company, etc.--is under any obligation to accept a payment plan, unless and to the extent that they agreed to it. Otherwise, they have a right to insist on payment in full when due, and if the debtor does not or will not pay, the creditor can sue. If the creditor sues and wins, he or she can use remedies, such as garnishing wages, to be paid. That even includes if the debtor sends in monthly payments; the creditor can cahs the payments then sue for the rest. Only if there is an agreement to accept a payment plan or payment over time does the creditor need to accept it; and entering into such an agreement is purely voluntary.
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.