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

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.

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

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