weatherson Posted January 5, 2009 Report Share Posted January 5, 2009 I sent full payment without condition to an attorney representing the OC. The attorney endorsed my check and then returned it to me uncashed, claiming my payment had some sort of restrictive condition (it didn't). Has their refusal and surrender of my check discharged the debt? Link to comment Share on other sites More sharing options...
willingtocope Posted January 5, 2009 Report Share Posted January 5, 2009 No.Call the OC and ask them where they want the check... Link to comment Share on other sites More sharing options...
weatherson Posted January 5, 2009 Author Report Share Posted January 5, 2009 I did contact the OC, and the OC said to send payment to their attorney.I'm confused why this would not discharge the debt. Doesn't the UCC provide for discharge upon surrender of payment? Link to comment Share on other sites More sharing options...
willingtocope Posted January 5, 2009 Report Share Posted January 5, 2009 What kind of debt? Link to comment Share on other sites More sharing options...
weatherson Posted January 5, 2009 Author Report Share Posted January 5, 2009 What kind of debt?credit card Link to comment Share on other sites More sharing options...
nascar Posted January 5, 2009 Report Share Posted January 5, 2009 I did contact the OC, and the OC said to send payment to their attorney.I'm confused why this would not discharge the debt. Doesn't the UCC provide for discharge upon surrender of payment?It does say that you may pay the original creditor until you have been given proper notice that the debt has been sold to another party. Link to comment Share on other sites More sharing options...
weatherson Posted January 5, 2009 Author Report Share Posted January 5, 2009 It does say that you may pay the original creditor until you have been given proper notice that the debt has been sold to another party.Yes, that's what I've done. It's not been sold. Check was made payable to the OC and sent to their attorney per their request. I don't see anything in the UCC that entitles the OC to more than full, unconditional payment. Link to comment Share on other sites More sharing options...
willingtocope Posted January 5, 2009 Report Share Posted January 5, 2009 I'm not a lawyer...but...for some reason their lawyer beleives that you somehow implied a "restrictive endorsement" with the check you sent. Did you send a letter or something else along with it?Whatever reason he had, I'm sure he thought would stand up in court. So, I'd be inclined to think that the UCC isn't going to get you out of this.I'd suggest you call the OC...work your way past the phone jockeys till you find someone who can talk without a script...tell them what has happened, and ask where to send the check. Link to comment Share on other sites More sharing options...
weatherson Posted January 6, 2009 Author Report Share Posted January 6, 2009 Yes I did include a letter, and it said there was no condition attached to the payment. IMO it's beyond my control and responsibility if they want to imagine one. From what I can see, the UCC allows them to surrender my payment, and that by doing so they have discharged the debt.Actually, it's not even my debt. It's because they threated me with harm that I tendered payment. Link to comment Share on other sites More sharing options...
willingtocope Posted January 6, 2009 Report Share Posted January 6, 2009 Sure sounds to me like you need your own lawyer to look into this. Maybe you can find one at www.naca.net that will advise you.(I'm still of the opinion (but I'm not a lawyer) that the UCC has nothing to do with this). Link to comment Share on other sites More sharing options...
Aerovette Posted January 6, 2009 Report Share Posted January 6, 2009 Yes I did include a letter, and it said there was no condition attached to the payment. IMO it's beyond my control and responsibility if they want to imagine one. From what I can see, the UCC allows them to surrender my payment, and that by doing so they have discharged the debt.Actually, it's not even my debt. It's because they threated me with harm that I tendered payment.If they truly threatened you with harm, that would have been my motivation to not pay them a dime and certainly to file charges. Something smells funny here. I don't care who you are, If I don't owe you money, you are NOT going to get any and if you threaten me, we will meet either in court, or an alley. Your choice. Link to comment Share on other sites More sharing options...
weatherson Posted January 6, 2009 Author Report Share Posted January 6, 2009 I took issue with their threats and they seem to have backed off for now. Now their game is to return whatever payment I send them. Link to comment Share on other sites More sharing options...
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