Here's a scenario for ya... There is a car registered in my name in CA. I live in WA. The Car is in CA. Which laws apply for repo or taking action against SST who is in Kansas? Second, I sent them a letter a month and a half ago stating that I would pay off the balance in full at the time for deletion or at least showing that it as paid in full/paid as agreed. I sent it CMRR and got a return reciept. No response. I called them and the indicated on the phone that they got the letter. I sent them a cashiers check with a contract on the bottom that said "This check is tendered in accordance with my letter of November 16, 2006. If you cash this check, you agree that my debt is satisfied in full." According to other messages and sample letters, boards etc. this is good terminology. However, they show recieveing it (I checked online) yesterday, but that it doesn't pay the balance. I now owe $228 more for balance payoff becuase of the time between now and when I sent the letter and no deletion or indication on my reports of payoff. Now, maybe i need to wait a week or so for them to do what they need to do but I have a sneaking suspision they aren't. I also need to get the title so I can give the car to my sis who is currently driving it and who I promised it to. What do I do if I need to take action? A lawyer? Thanks for any advice. Misterman
Do you know whether restrictive endorsements are legal in your state? Did the contract creating the account include a provision that payments containing restrictive endorsements can be cashed without their company losing any of their rights? (Essentially nullifying REs)
The first step would be to check the law in California with respect to accord and satisfaction. This is a two-fold process insofar as you would need to look over both the common law elements as well as those applied through U.C.C. authority, if there is any. After reviewing this, see if you have a claim. The third step is then enforcing your claim if indeed you have one. My feeling is that you don't have an accord and satisfaction here inasmuch as typically such effect requires that the total amount owed is disputed at some point and then, partial payment is made intended to act as the full amount. I think you likely missed the disputing part. Please be advised that I'm not a licensed attorney in the State of California so don't rely on the above. In any event, check over the elements and see if your Agreement meets them. It also wouldn't be a bad idea to peruse Art. 9 of the U.C.C. if you find you don't live up to an accord and satisfaction.
Thanks for those replies!!! I just want to make sure however, that it's California law that applies as that is where the car is and is registered even though I live in WA. Thanks agian and thanks in advance to anyone who will answer that question. misterman
California law would apply here in terms of accord and satisfaction insofar as that's where the contract would have been construed to have been reached; i.e., where the check was cashed.
