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Some states allow a creditor to do precisely what that guy did

Posted by: monty on 2008-10-07 14:55:06
Account #: 1361

In Reply to: Update on my legal saga...I sent the guy a check last month for $600 with "Bill Paid in Full" posted by Aggie Pilot on 2008-10-07 14:19:22

An example of this principle is found in the UCC:

UCC § 1-207. Performance or Acceptance Under Reservation of Rights.
(1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient.

(2) Subsection (1) does not apply to an accord and satisfaction.

Where do you live?

Thread:

Update on my legal saga...I sent the guy a check last month for $600 with "Bill Paid in Full" - Aggie Pilot 2008-10-07 14:19:22 (207 views)

I'll make him disapear for $1000 - Evil Dr. Murphy 2008-10-07 16:25:26 (9 views)

i think this is a UCC issue. and that's state specific. talk to an atty - hman_a4 2008-10-07 15:37:17 (10 views)

its the UNIFORM commercial code. Most, if not all, have adopted adopted it. - mmart6545 2008-10-07 21:49:25 (5 views)

Ironically, the UCC is a "uniform" code that is supposed to be identical from state to state - monty 2008-10-07 16:13:05 (7 views)

Some states allow a creditor to do precisely what that guy did - monty 2008-10-07 14:55:06 (73 views)

Another example: California Civil Code § 1526 - monty 2008-10-07 15:02:11 (56 views)

Ouch. Noted for future use. - PhoenixGTS 2008-10-07 15:33:51 (9 views)

Even worse is the fact that CA has enacted UCC § 3-311, which is contradictory to § 1526 - monty 2008-10-07 16:16:50 (19 views)

Here in AZ we have a law that says an entity cannot enter into a contract unless it is registered - PhoenixGTS 2008-10-07 17:06:34 (13 views)

Unlikely. Either you owe him $1600, or you don't. - bubba j 2008-10-07 14:52:10 (42 views)

I'm questioning the legality of him altering my signed check. - Aggie Pilot 2008-10-07 16:31:19 (7 views)

I don't believe it is an unlawful change, regardless of whether the change has legal effect - monty 2008-10-07 16:44:35 (12 views)

How do you know he changed your note? - Higher750 2008-10-07 14:33:09 (73 views)

I've got two estimates, one for $75 and one for $200. I'm not worried about court. - Aggie Pilot 2008-10-07 14:45:17 (48 views)

Wow, $1600 is ridiculous. - Higher750 2008-10-07 16:12:22 (21 views)

The check has been cashed. He changed the memo line from "paid in full" to "payment to invoice". - Aggie Pilot 2008-10-07 16:26:41 (9 views)

Haha, yeah, wasn't really thinking on that comment - Higher750 2008-10-07 16:52:10 (11 views)

Show the judge the estimates, and your canceled check for $600. - bubba j 2008-10-07 14:53:39 (40 views)

lol. Stupid is as stupid does.... - mmart6545 2008-10-07 14:28:20 (12 views)

Civil matter, and yeah i thought cashing a check was the equivalent of accepting a contract. - zerinNeedsMoreSTaSIS 2008-10-07 14:26:37 (16 views)

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