Can a company send me to collections if they have already accepted my repayment check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a company send me to collections if they have already accepted my repayment check?
Signed an agreement to work for 2 years – did not finish by 8 months; I was asked to repay $2500 moving expenses. I tried calling; have not been called back after setting case to my knowledge. I mailed a letter with a check to begin installment payments, they accepted my check and took the funds. But now send me a letter claiming they received nothing and will send me to attorney’s for collection. Is this possible since they accepted my repayment check?
Asked on April 9, 2012 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two different issues here:
1) A repayment agreement or settlement must be mutual: if the company did not accept your payment proposal or agree to it, you cannot unilaterally force them to accept it. Hence if there was no mutual agreement to a payment plan, they may take your check and continue to proceed against you.
2) However, they can't take your check and ignore it--rather, it must be applied to what you owe. You should make sure you can prove it was deposited or cashed; if you can do that, you can at least ensure that you are credited for that amount if they sue or take other action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.