Is writing in the memo field on check, like a contract if it is cashed?

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Is writing in the memo field on check, like a contract if it is cashed?

I am sending a request for deedback to my timeshare resort. I even printed out a form called the quit claim deed for Florida and signed it. I’m not sure if that is the same form they use but I know they require a fee of $250 to accept a title transfer. I am hoping that if I write on it the check in memo that cashing it means they accept the deed back that hold up in court.

Asked on August 1, 2019 under Business Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Any writing on the memo line of a check is of no legal import; it has no binding effect. The fact is that one party may not change the amount owed or terms of payment by writing such a notation. There is a common myth that the memo line on a check is enforceable force but that sim[ly isn't the case. The memo line is just for informational purposes. So, while it helps to identify the purpose of the check, it does not bind the recipient. If you think about it, it makes sense. If it was that easy to alter the terms of a payment, etc., it could be done all of the time.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Any writing on the memo line of a check is of no legal import; it has no binding effect. The fact is that one party may not change the amount owed or terms of payment by writing such a notation. There is a common myth that the memo line on a check is enforceable force but that sim[ly isn't the case. The memo line is just for informational purposes. So, while it helps to identify the purpose of the check, it does not bind the recipient. If you think about it, it makes sense. If it was that easy to alter the terms of a payment, etc., it could be done all of the time. 


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