Threating to sue me

by Brad

I worked for a trucking company and left. I owed $3000 and have sent payments evey month since leaving (5 months ago) I still owe around $2700. They sent me a letter saying they want the $3000 in full. Haven't they modified the original agreement by accepting and cashing the checks i've sent?

They say they will take me to small claims court. I agree I owe the money and will continue to make payments and even pay it off if I come into any extra money, but right now my bills are more than my income. Is there anything I can do?

Reply from


Just because they have been accepting lower payments doesn't mean they can't sue you for the balance. But it sounds like they would be foolish to incur the extra expense if you are doing the best you can.

You may want to write them a letter stating that you are trying to pay as much as possible, and offering to pay more when you are able. Describe your financial situation in general (though you don't have to go into detail) as well as the payment arrangement you've been paying under. Send the letter by certified mail.

They don't have to agree, but the truth is even if they sued you they would still have to collect the judgment and you can only pay what you can pay. Unless you are hiding assets or income from them, it's probably wise for them to continue taking your payments.

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