check payments/disputes

maryland

i have a small business and am in dispute with money owed to a former accountant. i wrote a letter and included a check which i printed at the bottom "final payment". i was told if the lady cashes the check she accepts the terms. she called and left a message she was going to scratch out final payment and cash it anyway. first does final pament mean she accepts the terms and secondly if so can she still come after me for more money at this point.

It is illegal to tie a legal proceding with the cashing of a check. This is based on a federal law suit from the early 90's. As a method of increasing their customer base, credit card companies sent checks to potential customers and tied cashing the check as an agreement to accept a credit card. This was deemed deceptive and laws were changed that made the practice illegal. The credit card companies sued and the Supreme court upheld the law and expanded it meaning to include all checks, not just those issued by credit card companies. So it does not matter what you wrote on the check, it is not a legal contract and the person cashing the check does not have to accept the conditions that you have applied to the check. Only a signed agreement between you and the other person or a fulfilled court order would be considered "final payment".