QUESTION
If they cashed the cashier’s check which was clearly marked "paid in full", is that not legal acceptance of that amount as full payment?
Asked on Aug 22nd, 2012 on Bankruptcy - Michigan
More details to this question:
I was late for a payment to a storage unit. The questioned amount of late fees was charged with the next on-time payment. I was continually charged extra late fees. I sent cashier’s check marked "PAID IN FULL" for bill, late fee I owed, and pre-lien charge as per contract. I did not include the extra late fees in my payment. It was cashed. I paid next month's bill early. They have since terminated my account and locked my unit. They sent me a notice that they are auctioning my things if I do not pay the fees/charges that had accrued before the "paid in full" check, late fees on the late fees, and additional legal fees.
5 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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The Paid in Full is actually a myth.
Answered on Jun 26th, 2013 at 12:00 AM
Dennis P. Mikko
Writing "paid in full" on a check or money order does make it so even if the document is negotiated. There is a provision under the Uniform Commercial Code for an accord and satisfaction but it requires more than writing "paid in full" in the note section of the document. At this time, you might want to contact the storage facility and see if some arrangements can be made to settle your account before they sell your items.
Answered on Aug 24th, 2012 at 4:17 PM
If they cashed the cashier's check which was clearly marked "paid in full", is that not legal acceptance of that amount as full payment
Answered on Aug 24th, 2012 at 4:06 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
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Paid in full without recourse is usually placed on disputed debts. You may not be totally off from responsibility. A judge may have to determine this matter.
Answered on Aug 24th, 2012 at 4:05 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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A check marked paid in full for less than the amount claimed due when accepted does not eliminate the extras..that was changed some time ago..
Answered on Aug 23rd, 2012 at 2:23 PM