Legal Question in Credit and Debt Law in Michigan

payment in full for bills

If you have a debt and send the collector 3/4 of the total amount due, and write paid in full on the check, and if they cash that check are the accepting the debt to be paid in full, and can not collect the remaining amount owed? Is there a law about that?


Asked on 1/09/02, 9:11 am

1 Answer from Attorneys

Don Darnell Darnell & Lulgjuraj, P.C.

Re: payment in full for bills

The rule is that if there is a dispute as to the amount owed - and you then wrote a check which had some language to the effect that it was full payment, and the creditor cashed it, then creditor might be deemed to have accepted said payment as payment in full. Its called an "accord and satisfaction."

However, if there was no dispute as the amount owed -say, for instance I paid this months mortgage payment and I wrote on my check "paid in full" or "acceptance of this check is full payment on the entire mortgage" then no court in this land would enforce that as full payment. And I think it should be obvious why this is true.

So, I'll leave you to draw your own conclusions.

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Answered on 1/10/02, 8:12 pm


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