Legal Question in Credit and Debt Law in Wisconsin

Paid in full

I was quoted that a certain fee would be between $1500 and $1700. However the only thing I received in writing was that the fee was $175 per hour. When I received the first bill over 7 months later it was for $4700. There is much dispute over the fact that he accomplished very little and wrote a lot of letters telling me so and charging alot of money for the writing of them. I do not want to draw this out into a long costly legal battle and since he lives in Wisconsin and I in Maryland I do not think he will either. What I want to do is send him a check for the original quote of $1500 and write PAID IN FULL--if he cashes it is this the end of may debt to him?

Asked on 4/21/02, 11:04 am

1 Answer from Attorneys

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

Re: Paid in full

I am not familiar with Wisconsin law and this appears to apply

to your matter. In Maryland, the method you state for seeking an accord

and satisfaction will NOT work. You must have a specific accord and satisfaction

agreement for the debt owed. Merely writing "Paid in Full" on the check or unilaterally

informing the debt owner will have no effect. Moreover, you may loose some legal rights where

you pay in this manner, such as where you pay and revive an extinct debt or are otherwise provide evidence of an

admission to pay the full amount of a contested debt.

I suggest you contact an attorney.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 4/22/02, 12:40 pm

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