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Can you pay ahead with timely payments required in a stipulated agreement and if so, how early can the payment be?

Harbor City, CA |
Filed under: Divorce decree

I was told specifically that I could not pay extra on a timeshare and that if I did, I would still be responsible for my timely payment every month, per the Divorce Decree. Specifically, the respondent has been paying full payments and at different intervals (usually early) and I have been making timely half payments. Now they want to cash out all the extra money that they paid into the loan as if they made 1/2 payment like me. Can I be forced to payback the money or give credit to the respondent for paying more? The stipulated agreement does not have any language that would spell out a 1/2 payment or full. I was told that I should make a 1/2 payment every month. Since the loan has specific conditions (how much and how long) it seems only right to pay half. Who is wrong, who is right?

Attorney Answers 3

Posted

It is impossible to say without seeing all the documents involved, including the divorce decree. Contact a family law attorney, or the one that handled your divorce.

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Posted

I read your question three times and I am sorry to tell you that I do not understand it; who wants to cash out and what is the correlation of the overpayment to the condition of the loans; if the respondent paid in full and you paid 1/2 would the timeshare allow the respondent to cash out. One thing I know; no one can force you to give credit to Respondent unless you want the title of the timeshare for yourself alone and to assume the rest of the loan; that would not be forcing you to give credit but a negotiation for you to assume the rest of the loan.

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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Posted

Twenty plus years ago, if you paid 2x the monthly payment you were given the opportunity to skip a month and you would have a zero balance due (Pay - Ahead). Most places do not allow this irregular payment any more. However, utility companies will hold your money and bill you accordingly. Currently, if you pay 2x the monthly payment the overpay goes directly to the principal balance and you are expected to pay a full payment the following month (pre-pay). Loans and Mortgages will only credit full payments anything above will go to late charges or principle. Try to pay your auto loan six months in advance and see what happens. Thank you, even though you probably knew all this already.

Posted

The contract would have to be reviewed to properly advise you.

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