Legal Question in Credit and Debt Law in Wisconsin
Contract Law by Note on Check
On the note section of the check I wrote to Sprint for my last cell bill, I wrote ''cashing this check is accepting a payment in full for all debts to Sprint'' because I don't feel I should pay a cancellation fee of $300. Sprin sent me to collections. Is this legal?
Asked on 11/20/07, 1:01 pm
1 Answer from Attorneys
Jeffrey Murrell
Law Office of Jeffrey L. Murrell
Re: Contract Law by Note on Check
An argument could be made that they accepted that check as payment in full, but they would have to sue you for you to claim it as a defense. In the meanwhile, it's perfectly legal for them to have a collections agence try to see how much they can squeeze out of you (so long as they are in compliance with the federal Fair Debt Collections Practices Act).
Answered on 11/20/07, 1:22 pm