Legal Question in Civil Litigation in Michigan

Payment of small claims court judgement

We had a dispute with an attorney over excessive billings and he took us to small claims court for $1100.00 (we felt that the work billed for had already been paid for previously, and had partial proof of that) - the judgement was for us to pay $550.00. Since we had a retainer of $199 on file with the attorney prior to this billing, we deducted that amount and sent him a check, noting on the memo line ''judgement less $199 credit balance''. He cashed the check, and now 60 days later has sent us a bill for the $199. Since the matter of the credit balance was not brought to the judge's attention, we felt justified - do we owe the $199? Or was payment ''in full'' accepted by his cashing the check?


Asked on 9/02/02, 7:57 pm

1 Answer from Attorneys
Gregory J. Roth Gregory J. Roth, PLLC

Re: Payment of small claims court judgement

From your facts, the $199 retainer was factored into the judgment since you did not raise it as a defense to the action. The attorney's cashing of the check will most likely not equal satisfaction of the full judgment amount. It appears you will have to meet the $550.00 judgment in full.

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Answered on 9/15/02, 11:33 pm


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