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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