Legal Question in Credit and Debt Law in Pennsylvania

Check Marked - Payed in Full, but account not closed
I have had a credit card for nearly ten years. It's limit when I stopped using the card was $7500. Over the years, due to fees and interest, the balance has increased to around 11,500. On the advice of a lawyer, I sent a check for $8000 marked account payed in full (on the front and back). I also sent a letter stating that this was the amount I had spent, and that the extra was fees. I requested that they accept this payment and close the account marking it payed in full. But I also stated if they did not accept this agreement - they were not to cash the check and were to contact me regarding other arrangements. I sent this letter not to the normal billing address but to the headquarters of the company addressed to Director of Customer Accounts. They cashed the check, but are now trying to collect the rest of the account, and claim that there was nothing legally binding about my letter and the marking on the check. What should I do?

Asked on 12/13/05, 11:46 pm

Mark Johns Mark Johns, Esquire

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Re: Check Marked - Payed in Full, but account not closed

I think from the sequence of events you described you will prevail. You could have an attorney threaten a dragonetti suit if they file against you.

Answered on 12/14/05, 5:18 am

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