Legal Question in Credit and Debt Law in Florida
Payment in full or Settlement in full
A check was sent to a credit card company with the following statement: "Settlement in full". The bank cashed the checkwith no statement to the contrary, as required by law. The card holder statement had the following statement: You agree that we shall not be bound by any statement acccomanying a payment for less than the entire outstanding balance due which asserts such payment is in satisfaction of the entire outstanding balance, whether such statement appears on the instrument of payment itself, in a separate writing, or both.
Question: Does this statement supercede the law?
1 Answer from Attorneys
Re: Payment in full or Settlement in full
Based upon the information provided the answer is yes.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave