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recieving partial payments.......

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S

StephenShane

Guest
originally posted in "collections" which seems to contain more topics towards consumer bankruptcy law......



Massachusetts.

I operate a Hanyman/homeimprovemnent business.

My customer base is generally repeat and I bill monthly or the bill is sometimes withheld for on going punch lists.

This summer I withheld two from homeowners whom lived in the same district. I was unable to complete a "last project" for one customer as parts were not availble locally and I chose not to reschedule a "last project" for the other when she failed to notify me she would not be home for an appointment.

Both bills sent,,,,,Both homeowners ignored the bills. I sent second copies with a note that I would pursue in small claims. Both shortpaid. One sent a list of reasons and left a ten minute message how she thought we were friends. I sent the checks back with VOID on the front, as I thought cashing them would be considered payment in full. Since then one has sent another check for a lessor amount which I returned and she has now sent another check for 50 of 220.

The Question:
Can I deposit these checks? I figure the homeowners are too, under the assumption that my cashing is considered settlement in full. My thought is they think that I will take the lessor to avoid collection time. My thought is I I cash them and sue, they will lesson thier consideration for court and choose to send a balance before the court date.

I have learned my lesson and every new customer is COD for 3 months.
I thought cashing would be considered payment in full


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Thank You
 



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