Question
Facts: Christina Blasco entered into a payday loan with Money Services Center (MSC). MSC loaned Blasco $500 and return Blasco left MSC with a signed
Facts: Christina Blasco entered into a "payday loan" with Money Services Center (MSC). MSC loaned Blasco $500 and return Blasco left MSC with a signed check for $587.50 which it promised not to cash for two weeks. (Note that Blasco is laying 17.5% interest for a two-week loan, which is an annual compounded rate of 6500%.)
Before MSC could cash the check, Blasco filed for bankruptcy. Although MSC knew this, it deposited the check. It is illegal for creditors to attempt to collect a debt once a debtor has filed for bankruptcy, but creditors are entitled to payment on negotiable instruments.
The numerical amount on Blasco's check was $587.50, but the amount written in words was "five eighty-seven and 50/100 dollars." Did the words mean "five hundred eighty-seven" or "five thousand eighty-seven"? Was the check negotiable despite this ambiguity? (hint: this question is not the issue). To determine whether the check was a negotiable instrument, it must state a promise to pay a definite amount of money. The numerical amount of the check was "$ 587.50", but the amount stated in words was "five eighty-seven and 50/100 dollars." For the words to prevail over the numbers, the two have to be contradictory.
- What are the two issues in this case? Remember to phrase the issues as questions.
- What rule of law governs this case?
- Analyze this case. Apply the rule of law to the facts.
- What is the conclusion of the case? How do you rule, your Honor?
- To be negotiable, what must a note contain? List all requirements.
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