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Defendant sends partial pay w/ stipulations - is it binding?

This is a discussion on Defendant sends partial pay w/ stipulations - is it binding? within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; Thanks everyone in advance for your reply. I won a case against three defendants. There is no agreement as to ...

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Old Mar 29th, 2009, 07:58 PM   #1
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Default Defendant sends partial pay w/ stipulations - is it binding?

Thanks everyone in advance for your reply.

I won a case against three defendants. There is no agreement as to the amount each defendant is responsible for (according to the county clerk all three are equally responsible and I can essentially pick and choose who to pursue).

The total was $900. Once defendant sent me a $100 money order and wrote on the memo section "towards the my 300, balance left = 200." My questions are:

1) If I cash the money order, am I agreeing to her terms?

2) If I cross out her note and enter one of my own indicating that she is responsible for the full judgement amount until it is entirely paid, current balance being $800 (the other the defendants have not provided any payment yet), will that nulify her claim that she is only responsible for 200?

3) Do I have any other options? We are not exaclty on speaking terms

Thank you.
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Old Mar 30th, 2009, 10:57 AM   #2
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Default Re: Defendant sends partial pay w/ stipulations - is it binding?

You normally can cross it out and inform them that legally they are responsible for the full amount.

They are jointly and severally responsible.
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