Legal Question in Business Law in Minnesota

I do not agree with this answer. My business law book states clearly that a bill is paid the moment i place it in a blue post office mail box. because it cannot be retrieved as the box is locked and the pickup mail truck wil not go thru the mail and give it back to me. a business that say the payment must be received by a certain date is bogus. for example i could send the pmt 7 days before the due date, and the business can choose not to even open it until a week after that? i cannot be punished with a late charge for anything i have no control over. if people are paying a late charge for this fraud by the business are ignorant probably euroamericans.

Asked on 12/16/22, 9:57 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

This is a general comment as I have no facts surrounding your particular situation, but I think you might be overlooking something here. Parties to a contract are free to negotiate their terms like payment terms. In some situations like say when you are paying taxes to a goverment agency where the terms are unilateral, evidence of posting payment usually suffices. So they might say "it is considered late if not postmarked by a certain date." But this is not the case across the board with anyone you might owe a debt to. For example, a credit card company may have different terms that you agreed to when you signed up for that card and the law that governs these transactions is not your state law necessarily. It will be the law that was agreed upon in your terms. For example, in NY there are very strict usery laws. But the system allows lenders to lend to NY residents even though they are in states like DE that have no usery laws. So the state law will simply not apply in that context..

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Answered on 12/19/22, 8:08 am

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