Hottenroth, Garverick, Tilson & Garverick, Co., L.P.A.
Honest And Fair Hometown Attorneys With Decades Of Experience
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Is it true that if I pay something every month, my creditor cannot pursue me in a Court case?

This question is one I have heard more often than just about any other in my 40-plus years of law practice. In most situations, the answer is a very definite NO. This kind of question most often has come up in situations where a client owes a large amount of money, a bill collector is demanding a correspondingly large amount of payment, and the client feels that by sending $10 or $20 each month, that should stall the bill collector from being able to file a Court case. Ordinarily, the only time making a regular payment will prevent the other side from having rights to take you to Court will be a situation where you have an agreement to make a regular payment in that amount.

While it is true that a creditor must credit your account with whatever payments it has accepted from you, it is also true that in many situations the creditor is not required to accept a small payment, and the fact that you tender a small payment does very little to mitigate the situation. If you have a question about this sort of thing, it is appropriate to raise it with your lawyer. 

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Hottenroth, Garverick, Tilson & Garverick, Co., L.P.A.
126 S. Market St.
Galion, OH 44833

Phone: 419-468-5044
Fax: 419-468-1308
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