Legal Question in Civil Litigation in Georgia

If I owe someone money, send them a check for less than the amount owed, state on the check "for final accounting, paid in full" and they cash the check does that settle the debt even though they had not previously agreed to accepting a lesser amount as full settlement for the debt?


Asked on 1/17/12, 4:32 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

In many cases no. Most loan agreements contain language that expressly forbids or limits this, and in those cases the payment is still treated as a partial payment.

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Answered on 1/17/12, 5:23 am


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