Legal Question in Credit and Debt Law in Texas

When is Payment Deemed ''Made''

This question deals with payments made on an Agreed Final Judgment. The judgment does not allow for a grace period. The judgment states that payments ''shall be made on or before the 1st day of each month. When is a payment deemed ''made''? Is the payment ''made'' on the date it was postmarked or the date it was received? Additionally, the judgement creditor issued a default notice at 2:00 p.m. on the 1st day of the month. Is this a valid default?


Asked on 9/26/02, 12:07 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: When is Payment Deemed ''Made''

Payment is made when it's received. It's up to the payor to make sure the payee receives the funds "on or before", and not rely on the postal service to deliver.

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Answered on 9/26/02, 1:02 pm


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