My question involves collection proceedings in the State of: California
(Long time listener, first time caller)
Will depositing a check with a "Payment in Full" statement limit my ability to go back to the debtor for the rest of the disputed amount?
I am a contractor who provided a service for a client of mine. Rather than paying the full amount of the invoice I presented, the client mailed a letter noting they dispute certain items on the invoice. They totaled up the services they thought they should pay and submitted a check with the dispute letter for an amount ~60% of the final bill with "Payment in Full" written in the memo section.
There may be business, financial, and time reasons not to pursue the full amount but I'd like an understanding of the legal rights I have as there seems to be some contradicting information online UCC 3-311 versus California Civil Code 1526. (Based on the contract I have, some errors in the client's tabulation of the disputed amount, the work actually done, etc., I think I have a better than average ability to collect in full.)
The former says (more or less): if I deposit the check, I'm accepting the smaller payment as payment in full
The latter says (more or less): if I cross out "Payment in Full" and deposit the check, I can maintain my rights to pursue the disputed amount
Thanks in advance for all the help! This is a great website
(Long time listener, first time caller)
Will depositing a check with a "Payment in Full" statement limit my ability to go back to the debtor for the rest of the disputed amount?
I am a contractor who provided a service for a client of mine. Rather than paying the full amount of the invoice I presented, the client mailed a letter noting they dispute certain items on the invoice. They totaled up the services they thought they should pay and submitted a check with the dispute letter for an amount ~60% of the final bill with "Payment in Full" written in the memo section.
There may be business, financial, and time reasons not to pursue the full amount but I'd like an understanding of the legal rights I have as there seems to be some contradicting information online UCC 3-311 versus California Civil Code 1526. (Based on the contract I have, some errors in the client's tabulation of the disputed amount, the work actually done, etc., I think I have a better than average ability to collect in full.)
The former says (more or less): if I deposit the check, I'm accepting the smaller payment as payment in full
The latter says (more or less): if I cross out "Payment in Full" and deposit the check, I can maintain my rights to pursue the disputed amount
Thanks in advance for all the help! This is a great website
Disputing Debts: Disputed Invoice; Partial Payment with "Payment in Full" Written on Check
Aucun commentaire:
Enregistrer un commentaire