Legal Question in Credit and Debt Law in Ohio

Paid in full account on memo line of check

I was sent a bill from a business for work that was partially completed. They cannot finish the job until spring when the weather is warmer. I informed them that I would pay the bill when the work was completed. They decided to get an attorney and file a case in court. I sent them a check for the amount due and wrote paid in full and the court number and account number on the check. I also included a note with the check stating this was payment in full and referenced both the account and court number.They cashed the check and their attorney is now threatening to take us to court for the court costs. Since they cashed the check knowing it was considered payment in full am I legally responsible to pay the court cost, especially since the work is not complete.


Asked on 2/16/05, 10:06 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Paid in full account on memo line of check

They can still sue for the court costs, but the chances are slim that the court will award them anything after the amount is satisfied. Your defense would be accord and satisfaction. You might want to check their documents to see if their contract allows them to recover court costs.

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Answered on 2/18/05, 12:42 am


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