First off never do an oral contract over the phone. Get it in writting and then decide. Good luck on the attorney.
by Happy2bAlive - 10 hours ago
Any promise made over the phone that is not backed up in writing is worthless. The problem is that whoever endorses the check will simply mark out the "Payment in Full" notation..
by CatDad - 10 hours ago
that means zero ..zippo..nada...nothing
by Roger M - 10 hours ago
Sounds like they didn't like the "Paid in full" words on the check (in the future, place this info on the back where they would endorse the check) and opted not to negotiate it. They don't have to accept a check with this type of provision as cashing it would imply acceptance of the terms. I'd pay the bill and be done with it, especially since she knew the money was not taken from her account and "let it go" for 8 months.
by Mark J - 10 hours ago
No. That "paid in full" thing is a myth. No comment you put on your check overrides a valid debt.
by bud68 - 10 hours ago
"Your friend" should be able to have her bank/credit union verify the funds withdrawal. If she wrote a check on the account the money went into, the institution should be able to verify whether or not that check was ever cashed. One should NEVER send a check without some sort of independent verification of it's being mailed...and you can only do that with registered mail. If she sent a postal money order, or any other type of money order (other than a personal check), she should have kept her copy of the duplicate or "carbon copy" of said check. The lawyer would cost more than the amount yellowpages is demanding. She would find it easier and CHEAPER just to send them another check - making SURE she can PROVE she mailed the check! Why cheaper? Because this will DESTROY her credit rating! Even if she pays the extra $127.30, their having to send it to collections will degrade her credit rating seriously. Finance is a pain in the rear hole - but people MUST learn how to cover their rear ends! It's just too bad many folks have to learn the hard way. She did nothing criminal - but she's screwed anyway. Rotten luck, eh?
by Doc Bill - 10 hours ago
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