quick question

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dproost

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A quick question here: If a landlord and a tenant verbally agree to a fee for certain utilities charged (see my previous post) and then the landlord summons the tenant to court for a different amount AFTER cashing the tenant's check (which was submitted to the landlord along with a letter stating that this was the agreed upon amount), doesn't cashing the check constitute a settlement? Does the tenant still have to go to court? The problem is that we would have to fly back to another state to pay the remainder of a bill that is pretty insignificant. Please advise. Thanks
 
Depending on what you actually wrote on the check or in the coverletter sent with the check and your state's laws you may indeed have an "accord and satisfaction" settlement. Basically an accord and satisfaction means that a disputed debt was settled by the debtor offering less than what the creditor wanted and the creditor accepting the payment.

But there are some pitfalls to this as to forms etc.

Nevertheless, if you have been sued and summoned to court this will not relieve you from the obligation to answer this summons. If you do ignore it, the plaintiff will probably get a default judgment against you.

Once you go to court, however, you can show proof of your accord and satisfaction, and if it satisfies the court, you will probably win the case.
 
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