I'm stumped. I'm not so sure what is the answer to that question. I'll do some poking around and get back to you if I discover an answer. You should email the people at Lending Tree as they probably could give you an answer..

When you put it on the back of a small personal check does it extend below the part printed on the check which says "Do not write, stamp or sign below this line? If it does you may not have a valid stamp. Some say that is important and others say they can't enforce that. I don't know one way or another. You may get by with it and you may end up with problems over it if it extends below that line. That is why when I specify something be done a certain way I am right a whole lot more often than I am wrong so following the directions I give unless you can see for yourself that I am wrong is always best. On the other hand everything I say should be researched so you know in your own mind whether I am right or wrong..

I believe that no matter how smart or well educated a poster is, before you follow the advice given you should always look it up and research it and study it until you know for sure they are right in what they are saying..

If you fail to do that and you get all messed up following somebody else's advice that sounded so cute and neat "really rocks" then you are heading for disaster and it just might not be long in coming to you..

I don't ever want people to take anything I say and run with it. Do your homework, Study the law. Find out for yourself. Investigate everything and take nothing for granted. Doing that will always pay you big dividends..

In reality there probably is none. The westcap endorsement is probably something that the poster "westcap" probably made up himself or maybe was dreamed up by some attorney. Who knows?.

Be that as it may. Any two or more parties who can meet the minimum Constitutional requirements for a contract to be created can contract to do anything at all that is not illegal to do. So what is it in the westcap contractual agreement that would be illegal to do?..

I have had good results by doing this. I also include a "contract" with the check stating the terms, and "depositing the attached check number xxxxx.

Signifies your agreement and acceptance of these terms".

" if these terms are not acceptable, you must RETURN the check and provide full legal and complete validation of the referenced account".

CA's are a greedy bunch. Once they have that check on their desk, they will sign away their mothers in order to cash it. Especially if the debt is one that would othewise be difficult to collect. And if you make the alternative difficult by requesting validation, they go the easy way..

-Radi8..

Good post! I think it is almost imperative to include a cover letter with a copy of what is on the back of the check in the cover letter so they can't say that you tried to trick them...

Their argument will be that they automate the endorsements and a human never saw the back of the check. Now you get to fight them, and they have your money..

-Radi8..

I suppose that using the westcap endorsement will only result in deleted info on a credit report if you are willing to go to court with your evidence. What amount would be considered a decent % to pay on a debt whereby the judge would rule in your favor, 20%, 50%, 80% ???.

I would rather pay less in the event that the info was never removed as a result of my actions using this endorsement and the check was cashed anyhow. And for that matter, do you need to send the 15 day advance notice under California UCC laws? I mean, if you don't, won't a judge just end up saying that westcap is paramount to a restrictive endorsement, so by not giving 15 days notice, you failed to fulfill the requirements?..

It is my understanding that the 15 day advance notice rule applies to payment under Accord & Satisfaction. This has nothing to do with Accord & Satisfaction unless one is attempting to pay less than the full amount of the claimed indebtedness..

A contract is not an accord & satisfaction and it is not a restrictive endorsement. All three are totally different things...