Legal Question in Consumer Law in Illinois

If I pay a utility bill, and mark the check for " current bill in full only" can the utility company apply that payment to a past due balance?


Asked on 11/05/10, 8:32 am

1 Answer from Attorneys

What do you mean "mark the check"? You can attempt a restrictive ENDORSEMENT but what does "current bill" mean? You have to be much more specific, and the utility may reject it too. If you put it on the "MEMO" line on the front of your check, it is meaningless but if you do the proper ENDORSEMENT, then a duplicate memo would at least suggest you are attempting to put them on notice. The other problem is the bill: utilities tell you (usually) NOT to put any "correspondence" (or the like) on the bill but to call or write separately and discuss whatever it is that concerns you. Most utilities also have a claims process if you feel you were damaged by an interruption of service. Point is that doing the "check" thing only usually won't get very far, is risky, and they'll just keep adding late fees and other charges, and at some point it will be too far in the future and you or they will have to dig through all your records and reconcile things in the past, which becomes more difficult. So ultimately my suggestion is to get on the phone with them, and write them if need be, and straighten this out. Consider settling for a compromise bill......

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/10/10, 9:02 am


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