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What does Motion to set aside installment order mean?

Decatur, IL |

I had an agreement to pay some money every month but then I wasn't able to pay the amount do to financial problems not I got court date for Motion to set aside installment I don't know what that means and I can't afford to pay it what else can they do.

Attorney Answers 3

Posted

This means the person or entity seeking the money is advising the court that since you missed one payment, the entire amount of the money should be immediately due and owing.

An installment agreement usually provides that if you are late or miss one payment, the entire amount is due immediately.

Sorry, but failing to honor the original commitment means it can be voided.

I suggest you either try to work something out (big chunks of money quickly is what they'll demand) or hire a lawyer to defend you. Not a lot of options other than bankruptcy, if this debt can be discharged.

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Posted

The total amount will be due, if a judgement was not entered it will be and amongst other things they will garnish your wages. I'd try to talk to them, plead for a 2nd chance and this time try to make it work.

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Posted

Your opponent is trying to set aside (cancel or vacate) the installment agreement in order to try other methods of collection. The installment agreement would have to be set aside in order to proceed with other collection methods, particularly if you are in small claims.

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