Legal Question in Credit and Debt Law in Minnesota

repayment schedule

A customer owed us about $7200. We filed in small claims court. They then sent a letter stating that they would pay $400/month to pay down the account. They have done that for 4 months (we cashed the checks). Our court date is in about 2 weeks. They are claiming that we have already agreed to a repayment schedule due to the fact that we cashed the checks. We never agreed to anything, but did cash the checks and sent some thank you emails. We would like to get a judgment as a backup as they have previously backed out of an agreed to repayment schedule. Does cashing the checks constitute an agreement to the schedule?


Asked on 12/18/08, 3:48 pm

1 Answer from Attorneys
Kent Gravell Cundy & Martin, LLC

Re: repayment schedule

Cashing the checks does not prevent you from filing suit, unless there was a notation at the bottom of one of the checks which stated "payment in full" or something to that effect. However, if you bring suit, you should make sure to reduce the requested relief by the amount already paid.

Kent Gravelle

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Answered on 12/18/08, 3:54 pm


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