Small Claims Court-Help Please

[magoo]

After over 4 months attempting to collect $99 from a short-term tenant we took the matter to Small Claims Court.(New Hampshire) We requested the $99 plus court costs. On Monday, 5/1 we recieved a check in the amount of $50 postdated to 5/3. The notation on the check stated after this $50 payment he would owe us $49 in total. the court cost to date are $35.

My husband stopped in the court house to ask if we accepted this check as partial payment, would the notation serve as a legal statement that he owes us nothing more? The clerk didn't have a clue..said to see a lawyer. Our SS budget doesn't allow for any other expenses at this time.

This former tenant is much too shrewd and dishonest for us to trust anything he says.

My question is, do we deposit the check, return it, or just hlod it until we all meet in court?

Will be grateful for any advise.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by magoo:
After over 4 months attempting to collect $99 from a short-term tenant we took the matter to Small Claims Court.(New Hampshire) We requested the $99 plus court costs. On Monday, 5/1 we recieved a check in the amount of $50 postdated to 5/3. The notation on the check stated after this $50 payment he would owe us $49 in total. the court cost to date are $35.

My husband stopped in the court house to ask if we accepted this check as partial payment, would the notation serve as a legal statement that he owes us nothing more? The clerk didn't have a clue..said to see a lawyer. Our SS budget doesn't allow for any other expenses at this time.

This former tenant is much too shrewd and dishonest for us to trust anything he says.

My question is, do we deposit the check, return it, or just hlod it until we all meet in court?

Will be grateful for any advise.<HR></BLOCKQUOTE>

My response:

The questions you want to ask a local attorney in your State is: "If I cash this check with what is written on it, will it operate as an `Accord and Satisfaction'?" "Can I cross out the extraneous writing on the check, cash it, and still be able to collect the balance?"

In California, the answer to the first question would be "No", and the answer to the second would be "Yes."

IAAL



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