Legal Question in Credit and Debt Law in Missouri

interest charges

if i pay a final payment & write this on the check even though they are trying to access finance charges i dont owe & they deposit the check will it be considered paid in full?


Asked on 7/12/07, 11:59 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: interest charges

Whether a check satisfies the requirments to be an accord and satisfaction, is a very fact specific question. It sounds like you do not dispute any portion of the amount of money you are sending, so there is no accord (payment beyond what you agree you owe) so there need by no satisfaction by agreement.

In a more pragmatic sense, if you attach a letter stating it is the final and last payment, and you state that in the memo and endorsement sections of the check, the creditor may either return the check to you, or decide not to go after you for more. If they do sue you, it sounds like you will lose because you are not paying anymore than you agreed you owe. However, they would still have to prove that you owe more. If it is an insignificant amount compared to what you have paid, they may decide it is not worth the costs of collecting it.

Good Luck

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Answered on 7/12/07, 3:07 pm


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