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Is there a legal avenue for payday advances if I am offering to settle in 2 payments. Company will not accept my offer

Maryville, TN |

Offered to make 2 payments - tomorrow and in 2 weeks and was told they would not accept my offer but wanted to add additional fees and will garnish my wages.

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Attorney answers 3

Posted

A settlement is a private agreement between two parties with a dispute. There is no legal basis to force someone to agree to a settlement. A creditor is well within their rights to demand full payment, they don't have to settle.

Posted

They do not have to accept your offer. Of course, if you are paying on the debt, the likelihood of them suing you decreases.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

Posted

I would agree with the two attorneys who have previously answered this question, and would add that you should request they provide you with a written statement regarding any extra fees they want to tack on.

My answer is for general discussion purposes only. It is not intended to be legal advice regarding your specific situation and does not create an attorney-client relationship.

Arnold Garson Cohen

Arnold Garson Cohen

Posted

I agree with all 3 attorneys. I wonder why they will not accept the money and what fees are involved. Perhaps the creditor already has a judgment against you in which case it can have a garnishment issued. If no judgment, the fees may be minimal.