Legal Question in Consumer Law in Florida

Paying bills by mail

What is the law on when a bill can be legally considered late if you send it through the post office? If it is postmarked by the date it is due, can the company charge a late fee? How can one be expected to pay a late fee when they cannot control how quickly the post office delivers their bill to the company?


Asked on 3/19/08, 5:58 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Paying bills by mail

you can controll it by when you put it in the mail. Thast said -- if you really mailed the check before the bill was due and it wound up there a day or two late, the almost all legitimate creditors will not charge you the fee if you call to iscuss it with them.

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Answered on 3/19/08, 8:00 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Paying bills by mail

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A credit card bill is not considered paid until the payment is received by the company. It is your responsibility to pay the bill early enough for the payment to be received on or before the due date. If necessary, you can send the payment by overnight mail (FedEx, UPS or the Post Office) or most companies have the ability to accept a payment over the telephone for a fee which is usually much less than would be charged for the late payment. If a payment arrives late once and you have an otherwise good record with the company, it is likely that you can call the company and they will waive the fee but they will not do it on a regular basis.

Scott R. Jay, Esq.

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Answered on 3/20/08, 12:05 am


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