Legal Question in Credit and Debt Law in Texas

checks voided by creditor and sent back to payee

A lawyer called me on behalf of one of my creditors to tell me that a ten dollar payment each month would not even cover the interest I was accruing. I told the lawyer that I would be able to make larger payments in a couple of months and he was satisfied. I then received two of my checks in the mail that had been voided by the creditor. I called the lawyer to ask why the payments had been returned: he satated that I no longer owed this debt since the creditor REFUSED payment. Was he correct?


Asked on 12/16/01, 3:01 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: checks voided by creditor and sent back to payee

No. If you owe $100, the creditor can reject any payment less than $100.

If you tender a check in the amount owed, and the creditor rejects it, then arguably the debt is discharged.

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Answered on 12/17/01, 10:38 am


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