Legal Question in Credit and Debt Law in Washington
Cashing a check
If you receive a payment on an account and the check memo says paid in full but it is truely not for the full amount due are you legally relinguishing your rights to collect the remaining balance?
1 Answer from Attorneys
Re: Cashing a check
Not by receiving the check, but arguably by negotiating the check you assent to the terms in the memo line.
A conservative approach is to NOT negotiate a check that has a memo not in accord with your understanding of the payment arrangements.
If somebody owes you money, and you can prove it, take them to small claims. Get a judgment. If they don't pay in full in 30 days, you can transfer the judgment to superior court for enforcement and collection by an attorney, and they can add on their attorney fees and costs to the balance, which accrues at 12% interest per annum.
Hope this helps. Elizabeth Powell
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
