Legal Question in Credit and Debt Law in California
cashing a check
If I have written on a check in the memo section, and on the back of the check where it must be endorsed, that the cashing of this check is considered payment in full: including the account number in both areas, is that legally binding once said check is cashed. I did this and then the creditor recanted and claimed they wanted the interest I did not include even though the principle was paid in full and I wrote the above in both areas of the check. Thank you for you assistance.
2 Answers from Attorneys
Re: cashing a check
I believe there is a statute on point that requires a notice to be sent in advance of the check to make such a settlement effort binding.
Perhaps someone else will post a response with more specific information for you.
Re: cashing a check
It is not legally binding. Sorry.