• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can they refuse a payment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

katana750

Junior Member
What is the name of your state? Maryland

I have a judgement entered against me for a credit card that I had years ago. I went years and years and years without making any contact with the CC company or making a payment. I finally decided that I needed to start cleaning up my credit and contacted them with an offer of making a certain minimum payment. I made the first two payments and then missed the next 2 because I was getting married and it slipped my mind. Before I missed the 3rd payment I sent in the money to cover the 2 past due payments and the one coming up. (This was on a Monday.) That Thursday I went online to check my bank account and I found out that the debt collector had put a freeze on my account. I called to ask why and they said because I had missed 3 payments and hadn't returned any of their calls. First of all - They never called or sent a letter. Yes, I did miss 2 payments, but I was not late on the 3rd payment. I still had 5 days left when I mailed the payment off. I asked them if they had received the payment and was told no, they had not received any payment from me since March. I asked them if they could release my account since I had sent the payment and they said no, because they couldn't take my word that I had sent the payment and they had to wait for information to come back from my bank as to how much money I had in my accounts. When I got home on Friday I found a letter from the debt collector along with my check for the 3 payments being returned to me because I was "no longer in compliance with my agreement". Can they refuse a payment? I thought that if you sent them money they had to accept on behalf of their client. Do you think the client knows that they are refusing to accept payments? Should I try contacting the client and letting them know what is going on? What is the best way to proceed?
 


You broke your agreement and yet you expect them to take "your word" that you had sent in the payments? With a legal judgment against you they can strip the checking account clean. What you did with making the payments was give them the information, check, they needed to find the funds.

If it has been years and years and years, as you put it, then you might check and see if your state has a SOL on collecting a judgment against you.

And for future use still having "5 days" when you MAIL a payment is going to get it posted late in most cases!
 

katana750

Junior Member
Ok - like I said - Yes - I missed 2 payments. I sent a payment for the 2 that I missed and the one coming up 5 days before it was due (cutting it close, yes I know, but I did send it) and they received it the next day!!!! I mailed it on the 20th and their letter to me returning my payment was dated the 22nd and mailed out on the 23rd. So again.....I ask......can they REFUSE a payment?
 

hbreen

Member
Yes, you broke the payment agreement by missing two payments (they don't care about the reason!), so yes, they can refuse payment!

HBreen
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top