Legal Question in Business Law in Florida

Check sent for partial payment

If I'm a small business and do work for a company that sends me a partial payment with the words ''Acceptance and endorsement is in accord and satisfaction of any and all claims by Payee against Payor'' written on the back of the check. Does this mean that if I cash that check that I am accepting their lower amount of payment or can I take that as a partial payment and sue them for the rest?


Asked on 9/12/08, 11:41 pm

2 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Check sent for partial payment

I generally advise my clients to not cash these checks before consulting with me first. There are potential consequences if you were to cash the check and then attempt to recover the remaining balance.

My practice is in Tallahassee and I will more than happy to assist you with your business legal needs. Call me for a free consultation and we can discuss the matter in more detail.

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Answered on 9/13/08, 2:30 pm
Robert Roemer Robert Roemer

Re: Check sent for partial payment

In a short answer maybe-should you cash the check -no-

the cost of getting the full payment later could be costly.If you want help help in this matter send me an e-mail with your phone #.

Robert Roemer

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Answered on 9/13/08, 2:03 am


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