Legal Question in Credit and Debt Law in Pennsylvania
Check given that says paid in full
A person and I have a written contract that he is to pay me in installments a certain amount of money for items I left in his possession when we split. He since has said that I took things that were not mine and is deducting $75 from the total he owes me. He sent me a check last month marked paid in full, saying this is all he will pay me. If I cash that check can I still sue him for the remainder that he didn't pay? Or does my cashing the check mean that I accept that the debt is paid in full? Thank you.
1 Answer from Attorneys
Re: Check given that says paid in full
Draw a line through "Paid in full" and over your endorsement write "Terms not accepted, reservations guaranteed."
The check is a contract and as an offer to pay a rediced amount. By changing the check you are making a counter-offer but also accepting the cash he is paying. If he contests the check then the bank will debit the money from your account. But he won't think to do that.
My advice would be to do that, but still walk away. Let him stew about that $75 he owes you. Write it off as a jerk disposal fee. No matter how broke you are $75 is not worth the aggravation to get it back. You're better than that (then again, maybe you're not. How would I know?).
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