Joke of the season

Discussion in 'Lawn Mowing' started by 1MajorTom, Dec 21, 2007.

  1. 1MajorTom

    1MajorTom Senior Moderator
    Posts: 6,074

    Lady disputes her last cut, and finally sends in her payment minus the last cut.
    On the back of the check, underneath where it says "do not write below this line", she writes...... "Negotiation of this instrument constitutes payment in full."

    So, what do you do?
    1. Send the check back to her and demand full payment.
    2. Underneath her words on the back of the check, write... "Cashing of this instrument does not constitute full payment, as this is only partial payment." Then cash the check.
    3. Eat the last cut and be done with this scum.

    Whatcha think?
     
  2. Ridin' Around

    Ridin' Around LawnSite Senior Member
    Posts: 266

    send it back she has voided the document by writing below the line!
     
  3. ncls

    ncls LawnSite Senior Member
    Posts: 441

    check the laws in your state. Here in Ohio, writing that does not become valid because a person cashed the check.
     
  4. lawn_jockey

    lawn_jockey LawnSite Member
    Posts: 226

    I would give her a a few broken and scattered bags of leaves at least. You know give her a FULL Refund.
     
  5. grass-scapes

    grass-scapes LawnSite Bronze Member
    Posts: 1,552

    NC State Statute concerning this issue.

    ยง 25‑3‑311. Accord and satisfaction by use of instrument.

    (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.

    (b) Unless subsection (c) of this section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

    (c) Subject to subsection (d) of this section, a claim is not discharged under subsection (b) of this section when the claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.

    (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. (1899, c. 733, ss. 5, 6, 197; 1905, c. 327; Rev., ss. 2154, 2155, 2346; C.S., ss. 2986, 2987; 1965, c. 700, s. 1; 1995, c. 232, s. 1.)

    In other words, if someone writes "paid in full" on a check, and you see it or there is a letter with the check stating paid in full, then the obligation is paid in full according to the law.
    However, this only concerns the actual BILL that they received and are paying. If you have someone who is under contract and on their first payment writes paid in full, you can cash the check and they still owe the rest. If you send them a bill for $1000.00 and they send back a check with $800 bucks and "paid in full" written on check.....I wouldn't cash it.
     
  6. 1MajorTom

    1MajorTom Senior Moderator
    Posts: 6,074

    grass-scapes,
    Would you mind teling me what you typed in the search engine to find that? I would like to look under PA.
     
  7. 1MajorTom

    1MajorTom Senior Moderator
    Posts: 6,074

    We would love to do that. however, we would be the ones to get in trouble then. The law does not protect the contractor, and we would be found in the wrong. :hammerhead:
     
  8. grass-scapes

    grass-scapes LawnSite Bronze Member
    Posts: 1,552

    I typed in "nc check law payment in full"

    Brought up the state statutes. Then I did a search on the state website for payment in full and others until I found what I needed.

    It took quite a while.
     
  9. Shades of Green LService

    Shades of Green LService LawnSite Bronze Member
    Posts: 1,011

    SEND IT BACK!! Add interst and send her a copy of your contract and highlight appropiate areas. Then send a copy of the law " theft of services" with the state consequences of that offense. Good Luck!
     
  10. grass-scapes

    grass-scapes LawnSite Bronze Member
    Posts: 1,552


    The only "theft of services" law in NC protects Telecommunications and cable services, but no one else.
    Lien laws are tough here too for the contractor.
     

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