Legal Question in Credit and Debt Law in Georgia

Credit Card Resolution

In 2006 I mailed and cancelled all credit cards,signed on w/debt resolution,had to pull out.I contacted all cards involved and agreed to payoffs which I borrowed on a refinance,settled all accounts.Year later I am contacted with a pending law suit stating they had only accepted as a payment.The check I mailed had payment in full as agreed,they cashed the check electronically and never sent check back.What are my legal options?


Asked on 4/13/08, 1:04 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Credit Card Resolution

Your post lacks any details on an agreement - just that you contacted them and agreed to payoffs. If you did have a firm agreement to pay less than you owed, it should have been in writing. Merely writing on the check something like "payment in full" does not bind another party; otherwise, many people would try it on all their debts. As you have been sued, you need to defend or have a judgment entered.

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Answered on 4/13/08, 5:30 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Credit Card Resolution

You goofed badly. Writing paid in full on a check, if you have read your credit card agreements, is meaningless. The only way to settle is to FIRST get a letter from the creditor agreeing to a reduced amount. At this point, you are going to have to answer the suit and unless you can produce that letter, pay more money.

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Answered on 4/13/08, 8:03 pm


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