Legal Question in Consumer Law in West Virginia
Is personal Check a contract ?
Last Spring, our Home Owners Association decided to double the dues without taking a vote which is required by State Law. Because it was not resolved by the time the invoice arrived, I sent them a check for the standard amount adding ''Annual Dues Paid In Full''. They endorsed it and now are trying to collect the additional amount. I have the understanding that a personal check is a mini contract and that by them endorsing it they accepted the terms of my offer. Does the law agree that a personal check is a contract ? What do you think ?
1 Answer from Attorneys
Re: Is personal Check a contract ?
you may have a defense of "accord and satisfaction". If they take you to court you should present the check as your offer of full payment which they accepted by cashing the check. They may however, take more agressive action by assessing your unit and foreclosing your association membership. You will definitely need legal counsel at that point.
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