Legal Question in Credit and Debt Law in New Mexico
Account paid in full
If a customer writes Account Paid In Full on their check and still has a balance on their account and we deposit it in our bank are they obligated to pay the balance on their account?
Asked on 5/24/05, 11:42 am
1 Answer from Attorneys
Gerald Hershenson
Law Office of Gerald M. Hershenson
Re: Account paid in full
If the amount is disputed cashing the check is acceptance of the condition of payment in full. If payment in full is written as an endorsement on the back of the check you can cross it out and deposit the funds without acceptance of the payment in full condition. If it is on the front of the check you may not cross it out. I suggest you speak with legal counsel. Gerald Hershenson Esq. 215-579-9390
Answered on 5/24/05, 11:51 am