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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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Experience:  Legal Expert
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I have an unsecured loan thru Southern Loans in the state of

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I have an unsecured loan thru Southern Loans in the state of Oklahoma, I promised to make a payment one day and come in on Saturday to sign the new contract to avoid a late fee because it was due that day but i could not get there before they closed but i could drop it in their over night box and i gave her the check number and she posted it that day so i would not have a late fee. I had a family emergency which took me out of State, i did not even think to call them. Now they are trying to go back and change dates and collect a late fee from me. Even though they received my check on the proper day just not before the closed. Can they do that?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Unfortunately, they can assess late charges against you for not getting the check to them by the time they closed on the last payment date before a later charge would be assessed. You do not have the full 24-hour day in which to make the payment by the due date -- it must be credited to their accounts on the day it is due, which means they have to actually be in receipt of the check on that date. Because they must be in receipt of the check by that date, that means getting it to them during working hours.

TMcJD :

This is true even though you dropped the check in their overnight box. They didn't actually receive the check until they resumed working hours.

TMcJD :

I wish I could provide better news for you, but unfortunately the law does not provide you with one in this particular case. I'm sorry to be the bearer of bad news. It's the part I hate about my job. However, please understand I'm only telling you what the law is. Please don't shoot the messenger.

Customer:

I appreciate your response. I was looking for honesty regardless of the outcome. My only concern was that they took they information over the phone and posted it to their computer on that date and I dropped it off on that date to which they had agreed, so I figured that was as good as a verbal agreement. I guess verbal agreements aren't like they were back in the day.

TMcJD :

No, verbal agreements can still be valid contracts, but based on your question I understood the agreement to be that you would drop the check off at their offices during business hours, which you were unable to do because of the unfortunate family emergency. Thus, you breached the terms of any verbal contract. I know if was of no fault of yours, but the law unfortunately doesn't provide an excuse for breach of contract even for such unexpected and unpreventable emergencies.

TMcJD :

As such, any agreement by them to accept a payment that date, and to make an entry on their books in anticipation of receiving a check at their offices during business hours on that date, doesn't have to be honored.

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating for my assistance. I cannot receive credit for my work without your positive rating even if you already made a deposit with JustAnswer. Thank you!

TMcJD :

Did you need additional assistance?

Customer:

No please re-read my statement, I said I could not get there before they closed, but I could drop it in their overnight box. She then took the info over the phone and posted it, i was then supposed to go in days later on Saturday to sign a new contract, that is when i had family emergency. I think i have it solved now. Thank you for your time and have a good evening!

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Thanks. Please let me know if I can help with anything in the future.