Sample Letter Addressing California Full Payment Law
Written by: Kristy Welsh
Californians Get a Break on Full Payment Laws
When settling debts in the state of California, there are instances where some different rules apply. In the state of California, a creditor is allowed to cross out the full payment language on a settlement check which reserves the right for them to sue you in the future for the balance due. However, when they passed this law, they also passed a separate law allowing California debtors to get around it. Navigating around this law requires specific steps and language. To do so, follow this procedure exactly.
Do not just simply copy and past this letter. You need to edit it to fit your particular situation. This sample letter is just a mere template to follow. We have more sample credit repair letters to handle a variety of credit situations. You can also visit our bookstore where you can purchase eBooks on credit repair, debt settlement, and 95 sample letters all available for instant download.
This letter concerns the money I owe you. For the past three months I have received bills from you stating that I owe (insert amount) for (what money was for). Because of the incredibly inferior condition of the merchandise I have received, I feel I owe you no more than (insert amount). It is obvious that there is a good faith dispute over this bill.
In order to settle this debt, I will send you a check for (insert amount) with a restrictive endorsement stating if you cash that check it will constitute an accord and satisfaction. In other words, you will receive from me a check that states "cashing of this check constitutes payment in full." If you cash this check, that check will take care of what I owe you.
Wait 30 to 90 days to give the creditor time to object. If you do not receive any objection from the creditor, send the check with a letter stating this check constitutes payment in full. Here is the letter.
Enclosed is a check for (insert amount) to cover the balance of above mentioned account. This check is tendered in accordance with my letter of (date). If you cash this check, you agree that my debt is satisfied in full.
Important: Write on the bottom of the check on the front along the top or bottom the exact language you used in the second letter "This check is tendered in accordance with my letter of (date). If you cash this check you agree that my debt is paid in full."