Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

8 Lawyers are Online Now

characters left:

Not a Legal Question?

Question

husband deceased. given a payoff in writing on auto for 10,500. check was sent now they say error made and payoff is 11,000. says will return our check.

Submitted: 18 days and 11 hours ago.

Category: Legal

Value: $28

Status: CLOSED

State/Country relating to Question: Mississippi

Already Tried:
talked to the people several times about payoff on my deceased husband auto. they sent in writing payoff of 10,500. now say they made a typing error and want 11,500. we sent check several weeks ago and they say they are going to return it. the check we sent is from a bank that is financing it for us.

Posted by Shelley 18 days and 11 hours ago.

Answer

The letter they sent is not a binding contract so they are not bound by it if indeed there was an error. You can pay it off for $11,500 then demand an accounting of the loan from the date of inception to make sure the payments were applied correctly and you really did owe $11,500 and if you overpaid you can sue the bank. Or do the demand for accounting first then make the payment.

18 days and 11 hours ago.

Reply

this was a settlement debt forgiveness, they asked the 10,500. for

Posted by Shelley 18 days and 11 hours ago.

Answer

Then if the letter is worded as an agreement to settle it is binding and you can hold them to that agreement and if they return the check you can sue them for their breach of that agreement.

18 days and 11 hours ago.

Reply

just let me tell you what the ltr says and i won't bother you anymore. it says upon receipt of the sum of 10,500. in cert or other avail funds we will process the account as a settled account. once the funds are been applied the account will be reported as a closed account. goes on to say may be reported to irs if forgiven balance totals or exceeds 600. and says the lein or title will be released to you.

Posted by Shelley 18 days and 11 hours ago.

Answer

That language is an offer to settle and they are bound by the offer since you did as requested to make a valid acceptance of their offer.

18 days and 10 hours ago.

Reply

thank you very much for your help.

Accepted Answer

You are welcome.

Accepts:
Expert:	Shelley
Pos. Feedback:	99.3 %
Answered:	11/4/2009

Lawyer (JD)

Attorney-Business degree from The University of Texas

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Law

Have your own Legal question?

Related Law Topics:

Question

husband deceased. given a payoff in writing on auto for 10,500. check was sent now they say error made and payoff is 11,000. says will return our check.

Optional Information

Answer

Reply

this was a settlement debt forgiveness, they asked the 10,500. for

Answer

Then if the letter is worded as an agreement to settle it is binding and you can hold them to that agreement and if they return the check you can sue them for their breach of that agreement.

Reply

Answer

That language is an offer to settle and they are bound by the offer since you did as requested to make a valid acceptance of their offer.

Reply

thank you very much for your help.

Accepted Answer

You are welcome.

Law

Have your own Legal question?

Related Law Topics:

Question

husband deceased. given a payoff in writing on auto for 10,500. check was sent now they say error made and payoff is 11,000. says will return our check.

Optional Information

Answer

Reply

this was a settlement debt forgiveness, they asked the 10,500. for

Answer

Then if the letter is worded as an agreement to settle it is binding and you can hold them to that agreement and if they return the check you can sue them for their breach of that agreement.

Reply

Answer

That language is an offer to settle and they are bound by the offer since you did as requested to make a valid acceptance of their offer.

Reply

thank you very much for your help.

Accepted Answer

You are welcome.

Related Legal Questions