Legal Question in Credit and Debt Law in New Jersey
Are Bank Checks consider a binding contract
Had Judement filed for non payment against me
shows on my credit report. Called other party to
come to an agreement and a verbal one was reached on the phone with nothing in writing but a dollar amount was agreed on and that they would send my documentation that it was paid in full. sent check and I wrote in the memo area that it was for ''CAR PAYMENT IN FULL''. check was cashed and now the other party wants the rest of the cash with interest .
2 Answers from Attorneys
Re: Are Bank Checks consider a binding contract
The actions of "the other party" may be considered consumer fraud under the New Jersey Consumer Fraud Act. It may also violate the Fair Debt Collection Practices Act if this other party was a collection agency or lawyer collecting the debt on behalf of someone else. You can contact me for a no cost consultation at 908-213-0600. Glen H. Chulsky You can check out my preliminary website for more info at: http://www.lawguru.com/users/attorney/yogidog/index.html
Re: Are Bank Checks consider a binding contract
I should add to my previous answer that it appears that you created an accord and satisfaction of the debt. Thats means that the amount of the debt was disputed, you sent a restrictive check (Payment in Full) and by the cashing of the check, the creditor is barred from any further money. Glen H. Chulsky 908-213-0600