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  1. #1
    Join Date
    Nov 2011
    Posts
    6

    Default E-ZPass Debt

    My question involves collection proceedings in the State of: maryland

    Hello i have a problem i need advice on. I have a ez pass and i signed up for the commuter plan. well they was taking it out of my bank account. well 3 months ago I overdraft. so they sent me a bill for 35 bucks which they take out a month. well i use my other card to pay them and thought i switched it over to that card. well this brings me to now. i got a letter in the mail saying i owe 500 dollars. i called them up and i was told that they raised it from .75 a toll to 4.50 a toll. i told them that if i signed uo for .75 a toll why cant i just send you a check for the actual amount i owe 97.00 they said they cant do it. so i asked to speak to a manager the she got mad and put me on hold for 20 mins until they closed and said they arent in and they will give meva call in 5 to 10 days and she hung up.

    my question is can i send them a check in good faith for 100 in good faith and write paid on full? to close the debt. because to me a 600% bill increase is outrageous. so should i just let it go to collections or try to fight it in court?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ez Pass Debt

    No.

    It's a common myth that writing "paid on full" means that the payee is somehow obligated to accept that as full payment once they've cashed the check.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ez Pass Debt

    It's a bit more complicated than that....

    The way most large operations get around the "paid in full" / "satisfaction in full"-type language is contractual (the extent to which that would work could vary based upon the full facts and state law) and/or through the use of a "lockbox" system to receive and process payments (exempted under federal statute from any state "paid in full" laws due to the automated nature of the processing of payments).

    The manner and location of the "paid in full" notice can also affect whether it is binding on a recipient.

    There's extensive discussion of accord and satisfaction under Maryland law, and what constitutes adequate notice that a payment is meant to settle a disputed claim, in Weston Builders & Developers, Inc. v. McBerry, LLC, 167 Md.App. 24, 44, 891 A.2d 430, 441 (2006). I suspect, however, that E-ZPass processes payments through a lockbox system.

  4. #4
    Join Date
    Nov 2011
    Posts
    6

    Default Re: Ez Pass Debt

    Ok. So if I send it with a letter enclosed certified mail well it due?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ez Pass Debt

    If it's a lockbox, you can send it by certified mail, courier, telegraph, land shark... it won't make a difference.

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