Legal Question in Consumer Law in Georgia

Date payments are Due

When a payment is due - is the postmakred mail date on the payment count - or must the payment be received by the due date.

Example: Due 5/10 - mailed and postmakred 5/10.


Asked on 5/01/07, 2:08 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Date payments are Due

If it is due to the creditor (or whoever) on a certain date, it generally means just that - due in their hands that day. Rarely will it mean the date you give it to someone else (ie, the Postal Service, courier, etc.). Obviously, there are occasions where it is specified that the postmark controls a date.

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Answered on 5/01/07, 2:15 pm
Paula McGill Attorney at Law

Re: Date payments are Due

It all depends on the contract.

Most contracts with car lenders and mortgage companies require you to have the payment there on the due date. In fact, they often recommend that you pay a certain number of days in advance to ensure that it arrives by the payment date. However, the most important thing to review is the contract.

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Answered on 5/01/07, 2:15 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Date payments are Due

As a general rule, a payment isn't a payment until the creditor receives it.

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Answered on 5/01/07, 2:30 pm


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