QUESTION

Concerned

Asked on Nov 01st, 2011 on Collections - Pennsylvania
More details to this question:
I took a personal loan from a friend. We made an agreement of monthly payments for a set amount. That individual is now unhappy with the amount that he/she is getting paid per month. He/She is requesting/threatening a rediculous amount of money per month in order to pay pay off the loan. They are now saying that they will be taking me to court, even though I have never missed a payment of the originally set amount per month. Can someone let me know what to expect if we do go to court.? This individual is also telling me that I will be responsible for his/her lawyer fees.
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1 ANSWER

Financial Markets and Services Attorney serving Blue Bell, PA at Max L. Lieberman & Associates A Professional Corporation
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Initially, there are various factors and considerations which are pertinent to providing any guidance on your concerns and inquiry.  To the extent that your question does not provide all of the facts and circumstances which may be relevant, please consider this response as a preliminary and general reply.  To the extent that your agreement is in writing and the terms and conditions for re-payment are spelled out, that written document or agreement is controlling.  Thus, if the agreement provides for  a monthly payment in a certain amount at a certain time and you have complied with the terms and conditions, there may be no basis to sue you and attempt to collect.  If there was a sum certain designated, unless the agreement provides otherwise, there would be no legal basis to increase the amount of the agreed to payment amount.  Moreover, unless the written agreement provides for counsel fees, in a "breach of contract:" action, attorneys fees are generally not recoverable.  Also, if the lender is attempting to have you pay off the loan, the provisions of the agreement would also control as to whether and under what circumstances the lender can accelerate the payoff of the loan. If there is no written agreement, the court would most likely look to the routine pattern of payment and the amount of the payment since the loan's origination, how long you have been paying, and over what period of time the lender accepted your monthly payment without complaint - thereby providing some evidence of the understanding between the parties.  I hope that this provides some general guidance.  I would further recommend that you consult with an attorney with respect to the specific facts and circumstances of your loan arrangement who could  then more definitively advise you.  
Answered on Nov 04th, 2011 at 1:32 PM

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