Legal Question in Consumer Law in Florida

Payment entry error by the finance company

I wrote a $2,444.03 check to pay off my furniture bill in January of this year that wasn't due until September of this year. That was to payoff my account. The finance company entered the payment as $244.03. I did not realize their error until September. I can prove that I wrote the check for $2,444.03. Am I still responsible for the remaining balance? I've made many financial decisions within that 8 month period and feel this charge of $2,200 is not my responsibility.


Asked on 9/22/07, 10:32 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Payment entry error by the finance company

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.

If the check was only cashed for the lower amount and not the amount that you wrote it for, then you are still responsible for the balance. An error does not excuse the proper payment. Certainly if the error had been the other way you would have expected or demanded a refund of any overpayment. Regardless of what you feel, the law would dictate that you must pay the full balance.

Scott R. Jay, Esq.

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Answered on 9/23/07, 11:19 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Payment entry error by the finance company

If you paid 2444 and can prove it, and the company cashed the check, then you should have a zero balance.

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Answered on 9/22/07, 10:51 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Payment entry error by the finance company

There is little doubt that you must pay balance even though the finance compaqny erred. The issue is about additional charges that will be demanded. If you can establish the rror, it will be difficult for the finance company to prevail. But strange things have happened.

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Answered on 9/24/07, 7:40 pm


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