In the State of California if you write paid in full on your personal check, is it legal and binding if cashed

Question

If the party who receives the check endorses it?

Answer 1

I've found two cases that say yes and one that says no. I think the yes cases are stronger because they are more recent. The Supreme Court has not ruled on it, so it is still an open question.

Answer 2

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Answer 3

As far as I know - it is in every state IF it is on the back where the endorsement goes.

I used to work for a collection agency and we were not permitted to endorse these checks for that very reason (we received checks from every state of the union)...

Answer 4

We aren't supposed to endorse checks with paid in full written on the back at my job, unless the account really is paid in full.

Although on my most recent cell phone bill I saw in the extra info section a statement that says they will not honor restrictive endorsements on checks, so I guess it depends on if the company CYA beforehand.

Answer 5

it really is a authentic difficulty. in reality, that verify is an provide to settle the quantity of the debt for far less then the full quantity owed. in the adventure that you funds it, you're agreeing to attempt this. In easily practice, the UCC has changed the guidelines in this section, so that they are very complicated. also, mastercard agencies automatically oinclude language in the contract declaring you promise no longer to deliver a "paid in complete verify" inclusive of your mastercard invoice. in case you imagine they owe you more advantageous, deliver them a letter soliciting for a sparkling verify. do not funds THE verify!! in case you do, they without delay have an fairly strong protection in case you sue them for some thing of what you owe them. you won't be able to easily line out "paid in complete" or write "with prejudice" both.

Answer 6

yes. ........it is a written contract signed by both parties . if however the person cashing it also writes on it "under protest" the person who wrote the check still owes the full amount. but don't take the law into your own hands..you take them to court.

Answer 7

I've been practicing law in California since 1993. Under most circumstances, the answer is no. See the article below for more information.

Answer 8

Nope, contract takes precedent over the check.