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Restricted Endorsment Question in North Carolina

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getit2gether
Contributor

Restricted Endorsment Question in North Carolina

Does anyone know if Restricted Endorsements are honored in the state of North Carolina?

 

Thanks in advance! Smiley Happy

 

 

 

 

Message 1 of 6
5 REPLIES 5
NCFedUp
Member

Re: Restricted Endorsment Question in North Carolina

I found this during my search. 

Accord and satisfaction is essentially an informal method of dispute resolution affected by use of a negotiable instrument. In order for there to be an accord and satisfaction there must first be a bona fide dispute between two parties. When one of those parties subsequently sends the other a check clearly purporting to be in full settlement of the disputed claim, and the other knowingly accepts it, this will amount to an accord and satisfaction—a finding that typically precludes further action on the debt.

More specifically, N.C.G.S. ‘ 25-3-311 states that the cashing of a check is considered satisfaction of a claim if:

  1. Check is tendered in good faith
  2. Amount submitted is subject to a bona fide dispute
  3. Check contains a conspicuous statement that the check is being tendered as full satisfaction of the claim.

 I have 3 charge offs that I am going to attempt to use this with (Chase, Credit First, Prosper) so we'll see what happens.


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Message 2 of 6
RobertEG
Legendary Contributor

Re: Restricted Endorsment Question in North Carolina

Are you referring to an endorsement that indictes it comprises full accord and satisfaction of a debt, or a conditonal endorsement, such as deposit considered to be acceptance of agreement to delte credit reporting?

Message 3 of 6
NCFedUp
Member

Re: Restricted Endorsment Question in North Carolina

I believe the original poster was referring to the latter but I intend to have the language for both on mine...


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Current Score: TU 625 EQ 635 EX 644
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Message 4 of 6
Anonymous
Not applicable

Re: Restricted Endorsment Question in North Carolina

According to the Uniform Commercial Code (not sure if NC has adopted) the laws of the state where a full satisfaction check is cashed will govern so be careful with this. Where are you mailing the check?

Message 5 of 6
NCFedUp
Member

Re: Restricted Endorsment Question in North Carolina

Ohio, Illinois, and California.

 

All three account amounts have been disputed (I have the paperwork). The twist is I would be paying the entire balance due so the bill would actually be "Paid in Full". I just want to see if I can get them deleted by using the Restrictive Endorsement/Accord and Satisfaction parameters. If they do GREAT (even if it's just one). If they don't fine but at least I tried. Based off many of the posts I've seen here; you never know unless you try.


Starting Score: TU 521 EQ 572 EX 560
Current Score: TU 625 EQ 635 EX 644
Goal Score: 740 Across the Board


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Message 6 of 6
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