Legal Question in Credit and Debt Law in Maryland
check endorsement
a debtor writes "paid in full" on a check but does not pay the whole amount if the creditor cashes the check is the balance of the debt no longer collectible
the check was hard to get and the is no way they will write another without the paid in full
1 Answer from Attorneys
Re: check endorsement
It's a fact question. Normally such an endorsement is not sufficient, particularly if it is on the memo line (more likely sufficient if it is at the top of the endorsement area on the back). But even then, it can be scratched out and not be effective unless there is an actual agreement. The question of fact is simply whether there was an agreement to accept the check as payment in full or not (which, if clearly expressed by tendering the check in settlement of a legitimately disputed debt, can be accepted by negotiating the check).
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