check to creditor

Submitted by debranewell2008 on Wed, 10/14/2009 - 13:19
Forums

I wrote a personal check to pay off a mortage .I also included a letter stateing that the cashing of the check meant full and final payment and any attempt to collect on it in the future would be null. So will they be able to collect from me in the future after cashing check?

Hi Debra, I am not real sure on this one but if you sent this by registered mail then it should stand up. If not then it would only be your word against theirs and there would be no definate proof that you sent a letter with the check stating what you mentioned. Any time you are dealing with a matter like this it is always in your best interest to do it by certified mail. It may cost a little more but the protection is definatley worth it.

Wed, 10/14/2009 - 23:41 Permalink

I sent it over night mail it has a tracking number and he has to sign for it. Is that the same thing? Plus I have a settlement letter from him stating that he accept xxx amount of dollars as pay off. And he would release the second mortgage against my home.

Thu, 10/15/2009 - 02:52 Permalink

Hi Debra,

Firey is right. In financial matters it is always better to have written documents which may stand as proofs when required. If you have the acceptance settlement letter, then I don't think they can collect from you in future since it will be paid off already. If they proceed with anything like this, then you can always show the proof of your payment.

Thu, 10/15/2009 - 07:24 Permalink