Does a notation in the memo line of a check hold any legal weight?

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Does a notation in the memo line of a check hold any legal weight?

We have a customer with an outstanding balance. They have sent a check for part of the balance and marked final payment in the memo line on the front of the check. Should we deposit the check since there is nothing on the endorsement section on the back stating “Endorsement of this check constitutes a full and final payment”?

Asked on August 25, 2014 under Business Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Do not cash the cash the check. Some May place under protest on the back and not accept the final payment, but this is a huge risk. You should return the check and indicate what is outstanding is the final payment or suggest a compromise amount to make a payment that is considered final by both parties. 


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