Thursday, December 8, 2011

If I sent a check and on the memo I wrote in exchange for lein release, is it a binding contract if they cash?

I sent a check off to an auto company financial institution and in the memo I wrote in exchange for lien release. If they cash the check isnt that accepting the offer?|||No...|||just for everyones information, judged ruled in my favor. The judge stated an offer was made and both parties knew what the offer was for and since no refunded the money he accepted it as payment in full by his actions.

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|||No, for three reasons at least:





1) That is not the intention of the memo field. It is there to remind YOU who and what you wrote the cheque for, not as a condition of it being cashed; and





2) There is insufficient detail in the memo field to adequately represent what you wanted to say; and





3) Cashing of the cheque does not represent acceptance of the terms, only acceptance of the payment. To make it binding at all you would need to spell out things exactly and then have a spot specific to those conditions for someone to sign to directly accept the conditions.|||I think you might have a shot at it with the right attorney. After all, companies send checks (with conditions) out all the time and if you cash them you are assumed to have agreed to their fine print.





But I wouldn't hold my breath on this one working.|||No

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