Written contracts and credit cards?

[epoll]

I had learned in business law that if you write a letter stating that something is the final payment, and the check subsequently cashed, the other party has in essence accepted the terms of the contract. There are exclusions - do any of these apply to a credit card company? - the estate department in particular, consisting of people who do have the ability to alter amounts owed.

My mother recently passed away and we were told we needed to pay 75% of the debt ASAP. We talked to a number of people who had paid much less and sent a check for 65% explaining this. The check was cashed and nothing heard from the company until the debt collectors came knocking.

It was my mother's credit card and my father only a named user, not co-owner. Of course the cc company is threatening big things. My father wants to just ignore it all, and I want it cleared up. Do we have any legal standing to not pay based on our "written contract?"

Family = MN
cc company = DE

[Ladynred]

I had learned in business law that if you write a letter stating that something is the final payment, and the check subsequently cashed, the other party has in essence accepted the terms of the contract.

What you speak of is called 'accord and satisfaction' and 'restrictive endorsement' and unless it is supported by state law, it won't work. There are only a few states where it IS upheld and I don't think MN is one of 'em.

My mother recently passed away and we were told we needed to pay 75% of the debt ASAP

Who told you that ?? Who is 'we' ?? Your father, if only an authorized user is NOT liable for any part of that debt. Since MN is NOT a community property state, he was not even liable for the 65% you sent them. Debts of the deceased are paid out of their estate. If there is no estate, the creditors get nothing. Ignore the collectors, send them your mother's death certificate and tell them to get lost. They got way more than they might have anyway.