If I received ajudgment for $725 in small claims court and the defendant sent me a check for $100, do I cash it and, if I do, is it assumed to be full payment?

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If I received ajudgment for $725 in small claims court and the defendant sent me a check for $100, do I cash it and, if I do, is it assumed to be full payment?

Asked on September 28, 2012 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it is not assumed to be full payment unless there is something--such as correspondence between the two of you--indicating that he or she had offered it as payment in full and you had accepted it as such. In the absence of some indicia that you were accepting this as payment in full, you may cash it and continue to seek the balance of the judgment.


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