Legal Question in Credit and Debt Law in California

Creditor Reporting

I made a payment to a creditor via a phone check on the last day before it would become 30 days late. The creditor did not post the payment to my account until 3 days later and reported the payment 30 days late. Can they do this even when they require that funds be available in your account on the day you make the payment? If I write someone a check and give it to them, I have paid them. I have no control over when they decide to cash or deposit that check. Am I right?


Asked on 9/17/06, 2:30 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Creditor Reporting

The answer is, how do you prove you made the payment that day? If your bank debited the ACH transaction the same day, you can. In the future you could try Western Union Quick Collect or Vcom.

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Answered on 9/17/06, 4:23 am


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