If debtor accepts partial payment has a payment plan be established when they have informed you in writing that payment must be made in full?

Answer 1

If a debtor was notified in writing that payment for a debt is expected to be made in full by a certain date, that party is put on notice that full payment is expected on or by the end of a certain amount of time. If a debtor does not or did not respond to the letter, that debtor could be viewed as accepting of the terms of that letter. Was there anything unfair about asking the debtor to pay the debt in full? It doesn't sound like it from the question. It might seem unfair now, but what about when the letter first came? If so, then would have been the time to say so. It might be viewed that any complaint of unfairness made now is just a stall. Now to the payment. A debtor who makes a payment on a debt after already being notified that the debt is to be made good in its entirety cannot fairly expect the fact that he has paid some of the debt to be an acceptable new arrangement of terms by the party holding the IOU. Here is another way to say that. A party, a debtor, owes monies. The debtor got a letter that says payment is to be made in full by a cutoff date. The debtor makes a partial payment of the debt. The holder of the IOU has no obligation to see that taking the partial payment indicates approval of any kind of payment plan. A partial payment on a debt fairly owed in full does not a payment plan make, except perhaps in the mind of the debtor. It's time for the debtor to approach the one holding the IOU and attempt renegotiation of the terms. Whether this is done in person or by letter is up to the debtor. And it might be possible that a third party or arbiter can be of assistance. The burden is clearly on the debtor. The application of common sense and some critical thinking will reveal the truth of the matter. Attorneys can make a case for just about anything, but they are expensive. If both the parties involved in this case end up in small claims court, it is probable that most any judge would repeat what has been said here. As always, consult a legal professional in cases where significant issues are involved. If I cut myself, I wash the cut and put on a band aid. If I break my leg, I go to the doctor (or emergency room physician) and get treatment. Good luck.