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Can A Creditor Add A Penalty Clause?

Sometimes a creditor will refuse to believe the debtors promises of payment. This often happens if the debtor has been unable to keep up with a previous payment agreement. In that case, creditors might be persuaded to accept a new repayment plan if the debtor offers to include a penalty clause in the agreement. Such a provision states that if the debtor defaults in making any of the agreed­upon payments, they owe the creditor an amount of money in addition to the original debt. The amount of such a penalty should be sizable (probably no less than $100.00), to serve as a real incentive for the debtor to keep current on their payments. Offering to include such a penalty clause demonstrates their honest intent to pay.

Other Nebraska Collections-Creditors Rights FAQs

  • Q: Can A Creditor Sue?
    A: Yes. The costs usually include court filing fees, a lawyer's fee, the sheriff's fee, possibly a collection agency fee, plus hours of the creditor's time. Even if the … More
  • Q: What Is A Voluntary Wage Assignment?
    A: A voluntary wage assignment is a written contract in which the debtor agrees that a certain amount will be deducted from their paycheck to pay the creditor. Because it … More
  • Q: Can A Creditor Get A Judgment?
    A: Even though creditors may get judgments (court orders saying debtor owes the money), creditors may not be able to collect. If the debtors don't own a home, are … More
  • Q: Does A Creditor Have To Be Polite?
    A: Sometimes creditors may be rude, offensive, or threatening, it never helps .The creditor may be using this rude behavior intentionally to provoke the debtor into … More

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