Accepting partial payment

[mrc02]

I'm located in California.

I have just sent a final demand for payment to a client threatening to sue in small claims court. She owes $1000.00. I gave her until February 28 to pay the balance. Today a check for 300.00 appeared. Should I cash the check, or will that mean I'm accepting this as a final payment. She hasn't entered any info on the check such as "paid in full" and there is no letter explaining the partial payment or promising to pay the balance. Just wondering if I should take the money and then sue for 700.00?? The client is a game player....

Thanks in advance!!!

 

[justalayman]

no, accepting a partial payment is not binding you to anything UNLESS there was a valid dispute in the amount owed and it was notified on the check "paid in full" of some other similar notation. That would be called an accord and satisfaction and would give her justification to claim the bill is paid in full.

 

[mrc02]

partial payment

she did dispute whether or not she received notice of billing for more hours but I answered that via snail mail and sent a copy of the statement she was sent back in January. She never confirmed whether or not she received it or if she disputed it and has not suggested she owes another amount. I just have this feeling that she's up to something but at the same time don't want to give up the 300.00 as that may be all i get, even if i win in small claims as collecting a judgement can be difficult.