Check marked 'Paid in Full'

[kisatsky]

What is the name of your state (only U.S. law)? New Jersey

I had retained a lawyer for a divorce proceeding. Her retainer was $7500.00 which was paid. The final invoice came in at $32500. I sent a check for $25000.00 and it was clearly marked 'Paid in Full'. The check was cashed and ever questioned or disputed. Then I receive a another invoice for $7500.00

Seeing how they cashed the check marked Paid in Full is there any legal obligation to the balance they are now claiming?

 

[tranquility]

Did you have a good faith dispute over how much you owed?

 

[Zigner]

This is a duplicate post

 

[kisatsky]

Did you have a good faith dispute over how much you owed?

No, I have brought this to my attorny attention and I have not heard back. Everyone I speak to advises me they if they cashed a check marked 'paid in full' with out a dispute or a question this is legally binding agreement that they accepted the check as paid in full.

Is this true?

 

[tranquility]

Since you did not have a good faith argument, you did not give any consideration for your part of the bargain. You merely paid what you owed. What you're trying to do is a thing called accord and satisfaction. It's like a separate contract related to a debt which is uncertain.

Your friends are wrong.

 

[kisatsky]

Since you did not have a good faith argument, you did not give any consideration for your part of the bargain. You merely paid what you owed. What you're trying to do is a thing called accord and satisfaction. It's like a separate contract related to a debt which is uncertain.

Your friends are wrong.

I am sorry but I do not understand your term a good faith argument. As I have explained I paid the unpaid balance of 25K. The invoice was $32500 less the retainer I paid of $7500 leaving a balance of 25K. The check was marked Paid in Full with no question of dispute. Why would some one in their accounting dept. not cash the check and then contact me? Cashing the check is that not acceptance?

 

[justalayman]

. The invoice was $32500 less the retainer I paid of $7500 leaving a balance of 25K. The check was marked Paid in Full with no question of dispute. Why would some one in their accounting dept. not cash the check and then contact me? Cashing the check is that not acceptance?

that is not what you claimed in your first post:

The final invoice came in at $32500.

and unless there is an actual dispute to the amount of the bill, the offer and accord does not bind the receiver to any such attempt to settle the bill.

Cashing the check is that not acceptance?

no