Legal Question in Business Law in Florida

We have a small business. I have been billing a client since May 20th of 2009 foe a service call of 85.00. I gave them two months to pay without charging interest of late fees. On July 1st I started charging interest but no late fees until Nov. 11th. They owe us $146.22. Sat. Feb. 20th I received a check for the $85.00 and on the memo they had wrote paid in full. If I deposit this check can I still collect the rest of the money or should I send the check back explaining that they owe more?


Asked on 2/21/10, 10:03 am

2 Answers from Attorneys

Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

If you deposit the check it is likely that it will be deemed to be an accord and satisfaction which could possibly prevent you from collecting the remaining amount.

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Answered on 2/26/10, 10:10 am
Lesly Longa Longa Law P.A.

I would not deposit that check. Send them another invoice and letter detailing the correct amount, including interest and late fees. Regards,

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Answered on 2/26/10, 2:22 pm


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