If I had final payment in a letter and the person cashed the check, can they still sue me for more money?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had final payment in a letter and the person cashed the check, can they still sue me for more money?
Gave a final payment check but did not put in the memo that it was final payment. However, the letter accompanying it, which the person has acknowledged, did have final payment in it. She cashed the check. Now she is asking for more money due to precedent that had been set regarding commissions, but nothing in writing. Do I have to pay her the rest of the money?
Asked on October 18, 2011 under Business Law, New York
Answers:
Michael D. Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
It is urban legend that you can write "final payment" and be absolved of the rest of the debt. If you have defenses to payment, like the amount really due is what you paid, then assert them. However, this will not cancel the debt.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.