Legal Question in Banking Law in Maryland

Check memo line

I have a customer who has decided to pay a portion of my bill instead of the entire bill. On the memo line of the face of the check, he wrote ''Final payment''. That's not what is owed and don't know if I should send his check back to him or endorse the check on the back as follows: ''Partial payment for a total balance due of $___ on the date of this endorsement'' and then go after him in court for the remainder.


Asked on 5/18/04, 1:45 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Check memo line

The last time I had reason to review this issue, Maryland

does not recognize post dated checks or limitations upon

negotiation of a check. It's been a few years so this could have

changed but I am not aware that it has. There are

variations on negotiable instruments and contractual rights

may also dictate the outcome of the matter. You should consult with

an attorney for advice specific to your needs.

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Answered on 5/18/04, 2:11 pm


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