Legal Question in Consumer Law in California

Monthy Payments per Contract

With the baking industry that i am doing business with, is not accepting payments in advanced as a monthly payment. I have paid three months in advance, and i had still received invoice for the second month that i was late. Is this a standard practice in California?


Asked on 4/29/08, 12:47 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Monthy Payments per Contract

In the banking industry, as opposed to the baking industry, making several mortgage payments early (for example) will get your advance payment(s) credited to principal and will not entitle you to skip a payment.

The baking industry (I presume you are talking about the purchase and sale of flour, yeast, and/or finished baked goods) is regulated by the Uniform Commercial Code under which the "course of dealing" between the parties and the "usage of trade" for your industry, in addition to the terms of the contract, will determine whether you owe the dough.

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Answered on 4/29/08, 1:07 am


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