Legal Question in Business Law in Colorado
Small Claims
I did some work for a Client who only sent me a check for partial payment of the total amount invoiced. If I deposit this check will it act as if I am accepting it as payment in full and can I file a small claim for the balance? I have sent the a correspondence stating that this amount is unacceptable. please advise.
1 Answer from Attorneys
Re: Small Claims
Morning,
It depends on what is stated on the check and other factors. If there is a statement in the memo line or the back which says that it is payment in full or similar language then your depositing the check may be deemed an accord and satisfaction. That means that they offered an amount in settlement and by depositing the check you agreed to this.
There may be other factors and you should contact an attorney to be sure.
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