Legal Question in Credit and Debt Law in Massachusetts

Check / payment with a restriced endorsement

I have a question regarding the legality of a check with a restricted endorsement. I recently paid off a debt for what I honestly believed was the correct balance per my statement. In the memo line of the check I wrote my acct # and 'Paid in Full'. The company then cashed my check and never tried to contact me to let me know the amount was incorrect.

The amount of the debt is not the issue (we are talking a difference of about $150 - not a huge amount) rather it is the principle of the matter. I feel they should have either returned the check to me or at least attempted to call me and advise me of the issue.

Do I have any legal stand on this in the state of MA? If so, what law could I reference? Please advise


Asked on 4/30/03, 10:21 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Check / payment with a restriced endorsement

1. writing something in the memo section is little more than a personal notation;

2. what you should have done is to write a cover letter, and place this information on the back of the check above where the cashing entity would have had to sign before placing it in its account;

3. short of that, i do not know what else to tell you.

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Answered on 4/30/03, 6:46 pm


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