Legal Question in Business Law in Florida

If you deposit a check that says ''Paid in Full'' is it over....

My husband and I have a land clearing business. A job has been done and the bill delivered. The gentleman who contacted us about doing this job (the land owner) now says he doesn't owe us the full amount of the bill. He sent a letter saying he doesn't accept the full amount of the bill and sent a check for only $6600.00 of a $11046.00 bill. On the memo line of the check he wrote...''balance of pondword'' If we deposit this check, will we be accepting this as final payment. We have outstanding bill we must pay and we need the money. I'm also afraid if we send this back we might not get any of the money.

My only concern now is if depositing this check, nulifies his existing debt....

Sandra


Asked on 10/28/03, 12:43 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: If you deposit a check that says ''Paid in Full'' is it over....

Acceptance of a check which states "payment in full" is binding in that amount. What "balance of pondword" means, I do not know.

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Answered on 10/29/03, 12:03 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: If you deposit a check that says ''Paid in Full'' is it over....

Do you have a written agreement with the debtor?

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Answered on 10/28/03, 12:45 pm


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