Legal Question in Credit and Debt Law in Georgia
I hired a Trapping company to remove a dead animal (rat), check the entire crawl space for more other dead animals, and fumigate to get rid of the odor. I gave them my Debit card for $245.00 and signed the job ticket. I later found out that they did not search the entire area and the fumigation did not work.I asked them to fix the situation and they said they would for another $75.00 service call charge. I stopped payment on my charge and sent them a check for $95.00 for an incomplete job. I wrote on the check "incomplete job" and "paid in full". They cashed the check and sent me a Certified Letter stating that I owed the balance after receiving the "partial payment". I have 60 days before legal action.QUESTION: If they accepted and cashed the check marked "paid in full" aren't they acknowledging that it's paid in full and that there is no recourse?
2 Answers from Attorneys
No - contrary to a common belief, that does not get you out of the debt,
Probaly not. However if you fail to respond to the letter that can be used against you.