Legal Question in Civil Litigation in Missouri

Re: Cashing a check

It depends. If the amount of the debt is legitimately in dispute (unliquidated) and someone sends a check marked "acceptance of this check constitutes payment in full" or words to that effect, and that is marked clearly on the check, then accepting the check will usually operate as an "accord and satisfaction" of the debt. The rule is that if you get a check like this and you don't agree to accept that amount, you send it back. You can't cash it and pursue the check writer for more money in most cases. Obviously where someone sends a $50 check to satisfy a $50,000 debt, courts take a different view. If you have such a situation, talk this matter over with counsel before deciding whether to accept the check or not.

Good luck,