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
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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