Legal Question in Consumer Law in California

Late Payment Fee

I recall that in California, if payment is due by a certain date, it's not whether or not the payment is received by that date, but rather what date the payment was made. In other words, if a payment is due on the 31st and the postmark of the envelope is before that date, then the payee can't charge a late fee just because the check arrived late.

Is this correct? And can someone give me the California Code which addresses this.

Asked on 3/09/08, 8:44 pm

1 Answer from Attorneys

Lowell Houghton Law Offices of Hagop Chopurian
0 users found helpful
0 attorneys agreed

Re: Late Payment Fee

That's called the mailbox rule. However, it can be modified by contract. You might need to check the contract involved.

Read more
Answered on 3/10/08, 9:07 pm

Related Questions & Answers

More Consumer Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Consumer Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now