Legal Question in Business Law in Florida

Pay-off of contract

We cancelled a contract in writing and paid with a check marked ''final payment in lie of all indebtedness'' and on the back wrote ''please endorse below upon acceptance of statment written on the face of this check'' They deposited check and are still asking for additional payments. Are they correct.


Asked on 6/07/07, 1:56 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Pay-off of contract

Not to me.

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Answered on 6/07/07, 1:59 pm
Raul Ruiz The Law Offices of Raul Ruiz, P.A.

Re: Pay-off of contract

Just from what you've posted, it doesn't appear as though they are correct. However, I can't be sure without more information.

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Answered on 6/07/07, 2:02 pm
Johm Smith tom's

Re: Pay-off of contract

What you attempted to do is an accord and setoff. Some states do not allow these to be accomplished as easily as they had in the past, and as you have attempted to do. Endorsing the back of a check will not necessarily impute consent to the accord. You can google the term and FL or I could do some quick research for a reasonable fee to confirm whether FL allows you to get out of the contract this easily. It would be useful to know more details about the contract and the parties performance of lack thereof. A court is not going to look at this in a vacuum, if both sides come to court.

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Answered on 6/07/07, 2:45 pm


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