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HomeCivil CodeDiv. 3Pt. 1Ch. 3§ 1515 Creditor Refusal Of Performance

§ 1515 Creditor Refusal Of Performance

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1515 Creditor Refusal Of Performance

This law says that if a creditor says no to being paid before the debtor offers to pay, that refusal counts as both an offer and a refusal, unless the creditor later says he would accept before the payment is due.

Key Takeaways

  • •A creditor's early refusal is legally treated as both an offer and a refusal.
  • •The rule only applies if the creditor does not later say he would accept before the payment is due.
  • •If the creditor stays silent or refuses until the due date, the debtor can treat the debt as paid.

Example

A borrower wants to pay back a loan early, but the lender says "No, I won't take it now."

The lender's early "no" is treated as both an offer to be paid and a refusal. If the lender doesn't change his mind and say he would accept before the payment is actually due, the borrower can consider the debt settled even though the lender originally refused.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1515 Creditor Refusal Of Performance

A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness to accept it. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

refusalcreditordebtorperformanceoffer and refusal

Related Statutes

  • § 1511 Excused Performance Delays
  • § 1478 Payment Application Rules
  • § 3446 Creditor Transfer Undertaking Protection
  • § 3447 Transferee Payment Undertaking Conditions
  • § 3449 Undertaking Effectiveness Timeline

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1515.
View Official Source