Legal Question in Consumer Law in Washington

Receiving a Partial Payment-Owed more

Can you please tell me what I can write on a check if there will be a small claims case opened for the balance? The woman wants to keep part as non- refundable deposit, but this was never a contract signed or executed since I had more questions, I did cancel the transaction thru and e-mail and phone call, since the product was grossly misrepresented. Lastly they went and sold the product for the same amount as I paid the prior month to another before reimbursing myself first..

I thought there was something that you could put on the check that the court would recognize that you are excepting what they are sending, but are still owed more? Thanks for any help that you can give.


Asked on 4/02/07, 6:16 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Receiving a Partial Payment-Owed more

In WA, there is no such thing as a non refundable deposit. Perhaps a fee, but "non refundable deposit" is an oxymoron.

Was this a product that you purchased through the internet or by mail?

Writing stuff in the memorandum section of a check is not always effective and can provoke litigation.

You could write "payment in full", though, or "final payment as agreed" if you want to.

I cannot imagine why a seller in WA would bring a small claims action against you in NH.

If you can give me a coherent story about what happened, I can probably give you better help. Or, you can contact the Washington Attorney General through access dot wa dot gov.

Sorry I can't be more helpful, guess I need more facts. Elizabeth Powell

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Answered on 4/02/07, 7:27 pm


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