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LindaR6 (Texas)
Posts: 3
Posted:
we have a member that has paid only 3 assessments this year, leaving her still 4 months behind. on the last payment she gave us for 2 assessments about a week ago, she noted on the money order that the payment was for june and july. this payment would actually have been for february and march. my question is, if we deposit this money order in our bank with this notation on it, does that say that we agree that she is now up to date?
TracieS (Colorado)
Posts: 460
Posted:
I had this problem, and the owner just wasn't aware that payments are applied to back dues first.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Cash the money order and send her a letter the money is being applied to her past due account and include a current accounting of her bill.

I really don't think that anything she writes on a money order constitutes a legal statement. A money order or a check is used to trnsfer funds. If she is right and she don't owe Feb and March and April and May, then she is up to date, if she owes additional, then she is not up to date. If you are worried about it, sent her a letter stating what and why you are doing what you are doing, state clearly her arrears, and disclaim her statement if you feel she is saying she is up to date. At least you got that much money.
IMHO.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Linda,

It is determined by what the Uniform Commercial Code of your state says. The AZ UCC states: "A claim is discharged, if the person against whom the claim is asserted proves that the instument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim." Therefore, if I were to write "paid in full" on a check, legally speaking, my account has been paid in full. Ref ARS 47-3311.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Mary,
I know better than to doubt your word, but this is Florida and while they may have some differences or even the same is true there I still think the term, paid for the months of June and July or whatever does not release you from any other debt.

If you received a bill that you felt was unjustified, but you really had made a mistake and you really did owe additional, do you think paid in full would mean you didn't owe the bill? In your case writing Paid in full does nothing but to delay the process and you will get the check returned and probably a late charge tacked on.
If this specific issue is an attempt to welsh on the bill by clouding the issue, I would still deposit the money. How about payments on credit cards? Do you thik if all the people that owe credit card bills could write Paid in fill on them and their credit would be wipped out if they just put Paid in full on the check?

Somehow, there must be more to the story. I can see a contested bill that you have tried to settle, it might be worth a shot to write Paid in full and then let them take you to court, and they probably will along with ruining your credit rating. If this HOA suspects someone is screwing around with them, turn it over to a collection agent and let them take care of it. IMHO

SusanW1 (Michigan)
Posts: 5,202
Posted:
I'd LOVE to see her try to pull this on a utility company bill.

yes - send her a statement and show exactly WHAT was paid with her payment.

TracieS (Colorado)
Posts: 460
Posted:
Quote:
Posted By MaryA1 on 07/07/2009 9:08 AM
If I were to write "paid in full" on a check, legally speaking, my account has been paid in full. Ref ARS 47-3311.

I can't reference any statutes, but I thought you could write "under dispute" under the endorsement. This nulls the "paid in full".

Just something I heard, which is always dangerous....
MaryA1 (Arizona)
Posts: 7,043
Posted:
Tracie,

As I said, it all depends upon what the uniform commercial code of your state says. I quoted the AZ UCC which I interpret to mean if I state on the check "paid in full" that is how the payment is interpreted. If the payee does not agree then, IMO, they should not cash the check.

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