Legal Question in Credit and Debt Law in Georgia

I went to pay a partial payment to my loan and they refused it's my understanding that if they refuse payment of any kind that it's paid in full is this true


Asked on 7/21/16, 12:00 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Of course that is not true.

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Answered on 7/21/16, 12:09 pm

Where you got this information is a mystery to me. Use common sense here. If this were the case people would be defaulting on debts en masse. They aren't. The information you got is incorrect. There is a legal doctrine called an accord and satisfaction whereby if the parties are having a dispute as to what is owed and one party tenders an amount of what he/she thinks he/she owes, and the other party accepts, then the matter is considered closed as the debt is satisfied. Sometimes this requires agreement or specific evidence of intent by the other party to accept. You cannot just unilaterally pay whatever you feel like. Many creditors are wise to the gamesmanship that some debtors try to use. The creditors do not want an accord and satisfaction so they have been advised by their lawyers to reject partial payments.

So make the full payment on your loan or save the money up to make a payment if you need to settle at some point.

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Answered on 7/21/16, 1:49 pm


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