What is the name of your state (only U.S. law)? Arkansas
Hello folks, I hope this is the right section for this question...I guess, the best way to do this is to give the run down of my sisters situation..
She took her car to get an oil change, ( she usually goes to a large chain store for this, but the wait was to long ) so she went across the street to a private filling station. She gets the oil changed, and the owner/manager comes and tells her it is going to be 100 dollars. ( these numbers are made up, for the sake of ease ) Now, my sister gets annoyed at what she thinks is gouging, and tells the man, she can have it done for 30 dollars across the street, and that she is unwilling to pay that amount, and tells the man to take the oil back out of her car, and she will go elsewhere. The man knee-jerks back and fourth with her a couple min, then says he will take 50 dollars instead of 100, and she writes him a check, and drives on her merry way. 4 days later, she gets served with papers to go to small claims court for the remainder of the original 100 price plus court costs. She did not write payment in full on check ( I seldom do either really ), yet he DID in fact cash the check without any notes on it such as under protest, or anything like that. I could have sworn I read somewhere that Arkansas is still one of the states where accepting a check and cashing said check was constituted as an acceptance of payment for said service, but not 100 percent sure. If you can, please advise me on this, and perhaps cite something I can print out for her to take to court with her so she can actually show the judge something to that effect. ( If there is in fact something out there )
I thank you for your time, and wish you all well..
JerryBWhat is the name of your state (only U.S. law)?
Hello folks, I hope this is the right section for this question...I guess, the best way to do this is to give the run down of my sisters situation..
She took her car to get an oil change, ( she usually goes to a large chain store for this, but the wait was to long ) so she went across the street to a private filling station. She gets the oil changed, and the owner/manager comes and tells her it is going to be 100 dollars. ( these numbers are made up, for the sake of ease ) Now, my sister gets annoyed at what she thinks is gouging, and tells the man, she can have it done for 30 dollars across the street, and that she is unwilling to pay that amount, and tells the man to take the oil back out of her car, and she will go elsewhere. The man knee-jerks back and fourth with her a couple min, then says he will take 50 dollars instead of 100, and she writes him a check, and drives on her merry way. 4 days later, she gets served with papers to go to small claims court for the remainder of the original 100 price plus court costs. She did not write payment in full on check ( I seldom do either really ), yet he DID in fact cash the check without any notes on it such as under protest, or anything like that. I could have sworn I read somewhere that Arkansas is still one of the states where accepting a check and cashing said check was constituted as an acceptance of payment for said service, but not 100 percent sure. If you can, please advise me on this, and perhaps cite something I can print out for her to take to court with her so she can actually show the judge something to that effect. ( If there is in fact something out there )
I thank you for your time, and wish you all well..
JerryBWhat is the name of your state (only U.S. law)?