What to do if a person owes me money and sent me a check for half the amount owed but attached it to a letter stating that by cashing the check I agree that it’s payment in full?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a person owes me money and sent me a check for half the amount owed but attached it to a letter stating that by cashing the check I agree that it’s payment in full?
Should I cash it?
Asked on June 11, 2013 under Bankruptcy Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The fact is that you can cash the check and not be held to what is written in the letter. In other words, you do not lose your legal rights to pursue payment in full. That having been said, depending on the amount owed, you may just want to cash the check and move on. If not, then you can sue for the remaining balance in small claims court. If you want to sue then write your debtor back and dispute the terms of their letter (keep a copy); this will help you in court.
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
This situation requires you to make a judgment call. Is getting the other half of what you are owed worth the time, expense, and uncertainty of trying to collect it? Do you think you can negotiate with the person to get them to pay more than 50% of what they owe? If it's not worth the hassle, then just cash the check.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.