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CA Civil Code 1521-1526 - Can you go to small claims if violated?


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I got my credit report nice, clean, and shiny. I'm intent on keeping it this way.

 

Part of keeping the credit report clean is making sure new crap doesn't end up on it.

 

So, when I signed up for cable from YuckCableCo and YuckCable didn't actually activate the line after I paid my installation fee, deposit, and first month's service, I was immediately concerned. I first signed up with another company (a really not-usurious amazing local company!), and sent over a letter via CMRRR requesting cancellation of YuckCableCo's service. I included a rundown of my concerns, and indicated if YuckCableCo cashed my check which I would send later for $5, their doing so would constitute agreement that they would both CANCEL my service, and accept $5 as settlement of the $119 cable line removal fee, as I thought this was all YuckCableCo was entitled do (due to my cable never having been installed or activated in the first place).

 

They cashed the check 20 days later.

 

Now they've put my non-working cable line into collections.

 

I have a copy of my letter, a copy of the check, and a copy of my last 3 months of bills from AmazingLocalCompany which show the date AmazingLocalCompany installed my current internet service line. I have tried to remove this stuff using the usual channels, and ...... no dice. Not coming off.

 

Can I sue in CA small claims? I am a CA resident.

 

 

 

CIVIL CODE
SECTION 1521-1526

[1521.]  Section Fifteen Hundred and Twenty-one. An accord is anagreement to accept, in extinction of an obligation, somethingdifferent from or less than that to which the person agreeing toaccept is entitled.1525.  It is the public policy of this State, in the best interestsof the taxpayer and of the litigant, to encourage fair dealing and topromote justice by reducing litigated matters to the lowest level ofjurisdiction.   In case of a dispute over total money due on a contract and it isconceded by the parties that part of the money is due, the debtor maypay, without condition, the amount conceded to be due, leaving tothe other party all remedies to which he might otherwise be entitledas to any balance claimed.   If any conditions are attached to the payment, this section shallnot be deemed to have limited the remedies available to the otherparty under other provisions of law on the original amount claimed.1526.  (a) Where a claim is disputed or unliquidated and a check ordraft is tendered by the debtor in settlement thereof in fulldischarge of the claim, and the words "payment in full" or otherwords of similar meaning are notated on the check or draft, theacceptance of the check or draft does not constitute an accord andsatisfaction if the creditor protests against accepting the tender infull payment by striking out or otherwise deleting that notation orif the acceptance of the check or draft was inadvertent or withoutknowledge of the notation.   ( Notwithstanding subdivision (a), the acceptance of a check ordraft constitutes an accord and satisfaction if a check or draft istendered pursuant to a composition or extension agreement between adebtor and its creditors, and pursuant to that composition orextension agreement, all creditors of the same class are accordedsimilar treatment, and the creditor receives the check or draft withknowledge of the restriction.   A creditor shall be conclusively presumed to have knowledge of therestriction if a creditor either:   (1) Has, previous to the receipt of the check or draft, executed awritten consent to the composition or extension agreement.   (2) Has been given, not less than 15 days nor more than 90 daysprior to receipt of the check or draft, notice, in writing, that acheck or draft will be tendered with a restrictive endorsement andthat acceptance and cashing of the check or draft will constitute anaccord and satisfaction.   (c) Notwithstanding subdivision (a), the acceptance of a check ordraft by a creditor constitutes an accord and satisfaction when thecheck or draft is issued pursuant to or in conjunction with a releaseof a claim.   (d) For the purposes of paragraph (2) of subdivision (, mailingthe notice by first-class mail, postage prepaid, addressed to theaddress shown for the creditor on the debtor's books or such otheraddress as the creditor may designate in writing constitutes notice.

 

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