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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33891
Experience:  16 yrs. of trial experience
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I received a pre screened offer in the mail loan, with a

Customer Question

Hello,
I received a pre screened offer in the mail for a loan, with a check attached for $2000.00
and a payment schedule attached. I deposited the check in the bank and began payments for the two years. I was late a couple of times however I never paid the minimum due except two times which was 112.36. I always paid between 140.00 and 150.00. At the end of my term I was ahead nearly $350.00. They said I still owed them 128.36. After talking with them I went ahead and paid it. I wrote "Paid In Full" on the check. Now I am getting calls stating I am still $140.00 past due in late fees. If a company deposits a check designated "Paid in Full" is this a binding contract between us. If so or If not please give me the points of law as to why or why not. Also I presented my proof of over payments to the account.
Thank You
Laura Flippo ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Can you tell me, are you in AL? And is that where you were when you received the check?

Customer: replied 1 year ago.
I live AL, but right now I am NEW MEXICO for my husbands family.
Customer: replied 1 year ago.
Cell service is very bad, as we are about between 8,000-8,500 ft. where we are at, just north of Ruidoso, NM. fortunately The Hotel we are staying in has good wi-fi.
Expert:  P. Simmons replied 1 year ago.

Thanks
If you received this and signed the check in AL? Then AL law applies.

You ask
If so or If not please give me the points of law as to why or why not

Here is a link to the code section that covers this.
http://codes.lp.findlaw.com/alcode/7/3/3/7-3-311

What you are describing is called "accord and satisfaction"...and if you look at section c of the law it provides

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.

I bet if you review the paperwork you received from them, someplace it states

"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,"

If so? you have to send the check to that person/office/place or it is not valid.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.