Legal Question in Credit and Debt Law in Georgia
credit card
I had credit card I agree to pay off the amount that they said. I wrote on the check pay in full per agreement and they cashed the check. But they went bankrupt after that now a other company is trying to credit more money on the account. But can they cent the other company cash the check with it saying paid it full per agreement.
1 Answer from Attorneys
Re: credit card
Yes they probably can collect. You should have seen a lawyer before doing a workout.
Your credit card agreement will likely state that marking a check payment in full does NOT bind the credit card company. Only a written document from them does that.
Even then it would have been a bad idea. A part payment accepted as payment in full on an undisputed debt would have meant that you would have had to pay income taxes on the difference.
Next time - get your agreements in writing and see a lawyer before considering negotiating with creditors.
You might, depending on your circumstances, want to look into bankruptcy.
Before giving up however, send the collector a written dispute saying you paid in full on a mutual agreement. Attach a copy of the check (with the account number blacked out). It probably won't work, but maybe you will get lucky. Do this within 30 days of their contact.
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