Legal Question in Consumer Law in New Jersey

Check marked as final payment

I have had a long term relationship with a pool cleaning service. I was selling my house and wouldn't be needing service any longer. My closing bill was much higher than previous closing bills. I disputed the charges, noted the increases I thought were excessive, deducted those amounts and sent a check for the corrected balance which I marked in the memo section as ''final payment''. We had not written contract. The pool service cashed my check and is continueing to bill me for the balance due. Do I have to pay this?


Asked on 8/12/04, 9:27 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Check marked as final payment

There is not a simple answer to the question. Since you did not have a contract, Courts will look to the ordinary practices of your relationship to determine if a bill is appropriate. Since you sent a payment, made appropriate adjustments and included a notation that the payment was full and final, it is likely that you would be protected if they sought to recover any difference.

However, sometimes it is easier to pay it then fight it, both in cost and time. I would wait and see what they do next. If they pursue the bill you may then wish to consult an attorney.

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Answered on 8/13/04, 9:31 am


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