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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#1 |
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Junior Member
Join Date: Feb 2009
Posts: 2
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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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#2 |
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Guest
Posts: n/a
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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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