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    rbarfield's Avatar
    rbarfield Posts: 4, Reputation: 1
    New Member
     
    #1

    Oct 22, 2006, 05:44 PM
    Creditor refuses partial payment
    If I send in a payment to a place I owe money to and they refuse to take it, what can I do if they say the want more money or they want it in full?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #2

    Oct 23, 2006, 04:59 AM
    Have they filed suit? From my experience, judges/magistrates are less apt to rule in favor of the creditor if you can show/prove that they've refused partial payments... that is UNLESS you made no attempt to make payments before the suit was filed.

    I strongly encourage you to speak to a manager to try to arrange payments.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #3

    Oct 23, 2006, 06:00 AM
    If a creditor refuses payment, they have dishonor the contract, by that refusal. You can file Notion of Default to them, showing they have dishonor payment and the contract is now discharged. Have the notice notarized.
    drew28's Avatar
    drew28 Posts: 5, Reputation: 1
    New Member
     
    #4

    Nov 27, 2006, 05:35 PM
    What exactly must be said on a Notion of Default form and who all do I file it with?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #5

    Nov 27, 2006, 05:40 PM
    Opps, Notice of Default, is a notice to the creditor that they have dishonor the contract by refusal of payment tender to them.

    UCC code Dishonor link;

    http://www.law.cornell.edu/ucc/3/3-502.html

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