Legal Question in Credit and Debt Law in California

Payment to creditor considered agreement for payment

I have been told by many people that if you send a check to a creditor, in any denomination, if that creditor cashes that check, it is then considered that they (the creditor) is agreeing to accept payments in that amount (or obviously, more than that).

I owe on a credit card and they are not willing to budge on payment arrangements. If I send them a check, and they cash it, have they agreed to those arrangements? If not, what else can I do to stop my wages from being garnished?


Asked on 4/07/05, 4:00 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Payment to creditor considered agreement for payment

what you have been told is not necessarily true and could end up costing you even more than you think you are agreeing to per se with your creditor at issue here. what you want and need is an actual written agreement reflecting the terms of the payment and what it covers partially or in full to be legally binding. if you would like further assistance, contact us directly.

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Answered on 4/07/05, 6:55 pm


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