Legal Question in Credit and Debt Law in Utah

Payment to credit card company

I wrote a check to a credit card company, 1st premier bank, on the check I wrote the account numbers and also paid in full on the check. The check was cashed by the credit card company but instead of getting a copy of the check. They electronic deposited the check like walmart does.

I have asked them to stop calling me in several letters, but they continuously call. They have not stopped calling me and if anyone else answers the phone and I am not home, they are asking where I am and when i will be home. They don't leave message when they call.

Please help. Let me know if I have any help in this matter.


Asked on 1/31/03, 2:12 pm

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: Payment to credit card company

There is a Uniform Commercial Code section entitled, "Accord and Satisfaction by Use of Instrument" that governs in this case. In the UCC, it's section 3A-311. It probably has a different section number where you live (in Virginia, for example, it's section 8.3A-311), but you should check in your local library for the state code and read it.

In particular, the UCC section as enacted in Virginia (each state may be somewhat different, which is why you should check) says:

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(c) Subject to subsection (d), a claim is not discharged under subsection (b) if either of the following applies:

(1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.

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What that means is that if the billing statement you got from the credit card company specifies a different address for such communications and you sent the check to that specified for ordinary payments, then your "paid in full" message is ineffective.

Of course, if it really was a payment in full, then tender of payment is all you need, regardless of the language on the back of the check. It also doesn't matter how they negotiated the check.

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Answered on 1/31/03, 5:36 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Payment to credit card company

I'm not sure what your question is. However, the credit card company can call you any time that they want. They are not governed by the calling rules of a collection agency. You can verify with your bank that the payment was made, and credited to the credit card company.

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Answered on 2/01/03, 10:47 pm


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