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Law Pro
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Category: Business Law
Satisfied Customers: 1734
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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Customer Question

What happens when one pays his creditor in full and the creditor refuses a full payment. Is there a law, state or FEDERAL that says the account has "in essence" been paid.
Submitted: 2 years ago.
Category: Business Law
Expert:  BizLawyerNate replied 2 years ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

To be clear, you did offer the entire amount that they at the time stated was due?
Customer: replied 2 years ago.
They walked off the job, though I had money in their Trust Account, and didn't show up in Court for a hearing, and then sent me a bill that my Trust Account was negative by $1,700 (It was positive by $2,000 when they walked off) and after they walked off then they sued me in Small Claims Court and then, I tried to get discovery, but the Court wouldn't allow it (I was just trying to figure out if I really owed the money or not) then they refused to negotiate even though I told them in writing I would do so - and they proceeded to Court anyway. So without a decent chance to find out the facts, I just paid them in full with a cash equivalent by Bank Certified funds money order (including their Court Fees) and they refused it and kept suing me. I've been told since I pay them in full (by a friend) and they refused my full payment that there is a law that states that a payment in full when refused dismisses the bill. I would like to know the state or Federal law or custom (for instance under the UCC) that I could state to a subsequent court if need be. Tks. Dominic
Expert:  BizLawyerNate replied 2 years ago.
Okay. This sounds more like a business question. I will be happy to opt out so that another professional can better assist you.

Thanks!
Nate
Customer: replied 2 years ago.
I don't mind paying you but I'd rather pay the "business expert" you are referring me to - does that sound reasonable to you? In other words, I do not want to give you a good rating ( and be charged) but I don't want to give you a bad rating either - when in fact neither are called for - does that make sense to you? Dominic
Expert:  D. WINOGO ESQ. replied 2 years ago.
So I understand you correctly, you sent a check in to the creditor for the entire balance of what they claimed in their lawsuit?
Customer: replied 2 years ago.
Did you get my last post? Dominic
Customer: replied 2 years ago.
Dear Mr. Winogo, Did you get my question? Maybe you're doing some research. Please let me know. Also please XXX-XXX-XXXX if you need more info. Tks
Customer: replied 2 years ago.
Dear Mr. WINOGO, I still need an answer, It would be unfair to "rate" you when I haven't had a response yet. Tks. Dominic

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