Legal Question in Business Law in Rhode Island

non payment of invoice to customer

We have sent a invoice to a customer, he has said he was not paying the total amount, we have given consetions to him twice with items he asked for. We have now received a check for less then the total due, he has written on the check front and back paid in full (front) and one year warranty and full payment all debts and invoices. Do we have any recorse to collect full payment?


Asked on 10/06/04, 12:04 pm

1 Answer from Attorneys
Jules D'Alessandro D'Alessandro & Wright

Re: non payment of invoice to customer

The customer is attempting to forcefully obtain an "Accord and Satisfaction" which would be an affirmative defense to a suit by you for payment of the invoice in full. Translation: The customer thinks he can trick you into accepting less than full payment by this nonsense writing on the check. You can endorse the check "accepted under protest - not full payment". Thereafter you can sue the customer for full payment without the customer claiming you accepted his payment as full payment.

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Answered on 10/08/04, 9:31 am


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