Legal Question in Consumer Law in Florida

Re: Credit card debt

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No. The credit card company has the right to accept the lesser amount and apply it against the amounts owed under Florida law. They have not agreed to amend the written contract which is contained in the original credit agreement which you signed with them as may be amended from time to time. You have attempted to unilaterally change the terms of the contract which is not valid under Florida law.

Scott R. Jay, Eqs.

Re: Credit card debt

No. What you are talking about is called "accord and satisfaction" under common law. Basically, there is a disputed debt; you send less than is owed; and the creditor deposits your check. Under Florida law, an "accord and satisfaction" of a disputed debt is only valid if you send a letter along with the check acknowledging that there is a dispute about a debt owed; offering to pay less than the full amount owed; stating that by depositing the check the creditor agrees that the amount you are giving them is full and final payment; and stating that it this agreement is not acceptable then they should return the check to you.

In your case you are attempting to assert that you have an oral contract which supercedes the written contract you have with the credit card companies (i.e- the "fine print" on the flyers they send you). Unfortunately, that's not how it works. Under basic contract law principals, you must have the elements of offer, acceptance and consideration. In short, they never accepted your offer. So you don't have a new contract that overrides the old one.

I suggest that if you are having serious financial problems that you talk to a bankruptcy attorney in your local area as soon as possible.