If a check is sent to a party for a a partial payment with a note stating this is a partial payment and a payment will be sent every month until the amount is paid off and they cash it, can they after the fact send a letter saying they do not accept the terms and charge an additional fee? Or by cashing the check it serves as an acceptance of the payment plan?
Asked on 1/05/13, 1:54 pm
1 Answer from Attorneys
Jonathan Shimberg
Shimberg and Crohn, P.C.
If the note provided for interest, unless the final payment had a restrictive endorsement stating that it was in full and final payment, there remains money due.
Answered on 1/05/13, 2:12 pm
