Yes, it is considered payment under the law.
2006-07-16 18:06:38
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answer #1
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answered by FRAGINAL, JTM 7
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nope. Try calling them to ask what they would consider for settlement of the bill. Most businesses would drop the price for payment immediately. Then, send the check and write in the memo "Payment in Full."
That way they can't come back on you for lack of payment, as long as they cash the check.
Update: Here is the actual law regarding this!
Some people believe that collectors and creditors cannot legally refuse your payment or payment offer. Others believe that as soon as collectors and creditors refuse your "tender of payment" they forfeit the right to collect on the account and the debt is discharged.
The law that is often misquoted is called the Uniform Commercial Code (UCC) and, when it is misquoted, people are led to believe that if a payment offer is refused, the debt is wiped out. Using this logic, I could offer a $5 payment on a $10,000 debt and if the creditor or collector refused my offer, the debt is discharged. If this were the case, everyone would be making $5 offers and clearing their debt. Heck, if we all did that this country would be debt free in no time. ;)
Here is the section of the UCC that is always misinterpreted:
U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS , PART 6. DISCHARGE AND PAYMENT
§ 3-603. TENDER OF PAYMENT.
(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
From my research, this law does NOT apply to the cancellation of credit contracts. Article 3-603(b) refers to the tender of payments using negotiable instruments (checks, bank drafts, and so forth) and, if the payment is refused, the amount of the tender is discharged. So, even if this rule did apply, the only amount that is discharged is the face value of the negotiable instrument.
2006-07-16 18:00:28
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answer #2
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answered by Starry 4
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Yep. If you make a good faith effort toward repaying a debt, and it's refused, your bill is considered paid in full. That is actually a law. I don't know which one exactly, but I've had a lawyer tell me that.
2006-07-16 17:59:18
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answer #3
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answered by Becca 6
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2016-11-02 04:50:03
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answer #4
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answered by ? 4
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Dream on
2006-07-16 17:59:27
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answer #5
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answered by goldielocks123 4
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wishful thinking
2006-07-16 18:00:02
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answer #6
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answered by Birdlegs 5
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have to pay the minimum amount
2006-07-16 18:00:14
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answer #7
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answered by sunshine25 7
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not by a longshot
2006-07-16 17:57:53
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answer #8
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answered by Anonymous
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