Friday, November 21, 2014

creditorsif i send a check to collections with the words ''cashing this check constitutes payment in full'' and they cash the check, legall...

Question

creditors

if i send a check to collections with the words ''cashing this check constitutes payment in full'' and they cash the check, legally, can they still come after me for the rest of the payment?



Answer

Re: creditors

Is the account disputed?



Answer

Re: creditors

Yes and they probably will. There are some old Pennsylvania cases in point holding that such a notation is not sufficient to establish an affirmative defense for the balance due. You are better off negotiating with them and agreeing to a figure.



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