Legal Question in Credit and Debt Law in Georgia
I sent a check to a student loan company for $10.00 and wrote on the checks front and back that "If this check is cashed, the account is paid in full." they cashed the check. They have since placed the account in collections, since it was written on my check that the account is paid in full by cashing, is it really legal and would that stand up in court?
2 Answers from Attorneys
Of course that trick does not work. Otherwise, many people (certainly not honest ones) would try it for every bill they owed. You took the risk in trying to avoid paying your debt this way, and the result is a negative credit report and you still owe the money (plus perhaps additional interest and charges).
Of course not. All that stunt did was likely cause the creditor to come after you more than they would have if you had worked with them.
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