California | Consumer Law
Legal Question
check endorsement....
i was offered to settle a credit card debt from $4000 to $1000,on the back of my check,can i write''by cashing this check,all records of this account and/or,all negative information will be deleted from all credit files''?
Legal Answers
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Read More Answered By: Jerold M. Gorski |
Re: check endorsement.... Generally, when not much money is involved, the best way to settle is to have the one making the offer, put it in writing and then both parties sign.
That said, there is much confusion about restrictive endorsements. For California, you might be thinking of Civil Code 1526, which, last I checked, provided:
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(a) Where a claim is disputed or unliquidated and a check or draft is tendered by the debtor in settlement thereof in full discharge of the claim, and the words "payment in full" or other words of similar meaning are notated on the check or draft, the acceptance of the check or draft does not constitute an accord and satisfaction if the creditor protests against accepting the tender in full payment by striking out or otherwise deleting that notation or if the acceptance of the check or draft was inadvertent or without knowledge of the notation.
(b) Notwithstanding subdivision (a), the acceptance of a check or draft constitutes an accord and satisfaction if a check or draft is tendered pursuant to a composition or extension agreement between a debtor and its creditors, and pursuant to that composition or extension agreement, all creditors of the same class are accorded similar treatment, and the creditor receives the check or draft with knowledge of the restriction. A creditor shall be conclusively presumed to have knowledge of the restriction if a creditor either:
(1) Has, previous to the receipt of the check or draft, executed a written consent to the composition or extension agreement.
(2) Has been given, not less than 15 days nor more than 90 days prior to receipt of the check or draft, notice, in writing, that a check or draft will be tendered with a restrictive endorsement and that acceptance and cashing of the check or draft will constitute an accord and satisfaction.
(c) Notwithstanding subdivision (a), the acceptance of a check or draft by a creditor constitutes an accord and satisfaction when the check or draft is issued pursuant to or in conjunction with a release of a claim.
(d) For the purposes of paragraph (2) of subdivision (b), mailing the notice by first-class mail, postage prepaid, addressed to the address shown for the creditor on the debtor's books or such other address as the creditor may designate in writing constitutes notice.
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Additionally, unless the amount is truly in dispute, the $3,000 might be taxable as income. |
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Read More Answered By: Michael Stone |
Re: check endorsement.... Probably not. creditboards.com |
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