What is the name of your state (only U.S. law)? Georgia
I did work for a client and his wife paid me $850 in a check to close their account. In doing this, I received the check in South Carolina and my business is in Georgia.
This check was written on an account that was closed out. This person knowingly did this under the premise I would need to await further collections from them and then they would make this good. I suspected this was the case and had this confirmed by their bank. I believe the Statute of Limitations is two years, this happened last week so I am not in danger of violating this at this time. The client told me he would issue a new check for me and then, according to his text, whatever balance that remains would be remitted at a later date, within three weeks.
My question is this, if he DOES send a check, assuming this check is good, if I cash this, deposit this, will this limit this from further collections? Could he assume if he pays me a lower amount, then stiffs me for the remainder, will this absolve him of this debt? Also, by depositing/cashing the new check, would this remove him from fraud on the issuance of the first check? It would be good to receive this payment but I do not want to eliminate the entire balance.
Your advice would be greatly appreciated.
I did work for a client and his wife paid me $850 in a check to close their account. In doing this, I received the check in South Carolina and my business is in Georgia.
This check was written on an account that was closed out. This person knowingly did this under the premise I would need to await further collections from them and then they would make this good. I suspected this was the case and had this confirmed by their bank. I believe the Statute of Limitations is two years, this happened last week so I am not in danger of violating this at this time. The client told me he would issue a new check for me and then, according to his text, whatever balance that remains would be remitted at a later date, within three weeks.
My question is this, if he DOES send a check, assuming this check is good, if I cash this, deposit this, will this limit this from further collections? Could he assume if he pays me a lower amount, then stiffs me for the remainder, will this absolve him of this debt? Also, by depositing/cashing the new check, would this remove him from fraud on the issuance of the first check? It would be good to receive this payment but I do not want to eliminate the entire balance.
Your advice would be greatly appreciated.