Legal Question in Business Law in Illinois
payment after lawsuit is filed
A lawsuit for unpaid invoices was filed.The defendent paid another invoice that was not included in the lawsuit.Can i deposit the check?Or will it jeopordize the lawsuit?
2 Answers from Attorneys
Re: payment after lawsuit is filed
You should be asking your litigation attorney about this as he or she knows the details of your case. That being said, if there is an invoice number on the check and that number and the amount does not match an invoice that is part of the lawsuit, you are probabaly o.k. However, Again, I urge you to talk with your attorney and show him or her the check and any related documentation
Re: payment after lawsuit is filed
If you cash the check, make sure the entire transaction is well documented. It should not have a bearing on your case. Also, isn't your intent to get this person to pay you the amounts due? It would seem that your failure to accept payments in light of a lawsuit might be construed as an indication that you are more interested in punishing this person, not simply trying to seek funds owed.
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