A friend has a dispute with a home roofer. She paid the amount she felt was due, sending a letter advising that the bill was paid in full settlement, and wrote on front and back of the check "In full payment of bill". If the contractor crosses out those conditions, will most banks cash the check? If a bank does cash the check, is there recourse against it?
There are specific rules in section 3-311 of the Uniform Commercial Code (UCC -- you'll have to check to see if your state adopted the model statute's wording) with regard to what is called "accord and satisfaction by use of a negotiable instrument." Cutting through the legal phrasing, you'll first see that nothing in the law prevents a bank from cashing a check on which is or was written any legend having to do with payment of an underlying obligation. The only parties affected by section 3-311 are the parties making a claim under an obligation and the party that alleges that a check was issued to satisfy the obligation.
First and foremost, there needs to be a bona fide dispute about what is owed, or the amount owed needs not to have been determined (liquidated). The second requirement, that there be a prominent statement on or with the check that the check was delivered in satisfaction of the disputed claim, appears to have been satisfied by the "in full payment" legend.
Finally, if your friend can prove to a court that the payee of the check knew that the check had been delivered in satisfaction of the disputed amount before the payee deposited it, your friend should find that she has managed to pay off her obligation to the roofer. Your friend should check to see how the UCC adopted by her state reads. She should probably talk to a legal aid attorney about the background of the roofing contract and why the amount due was in dispute. The attorney should be able to help her draft a letter to the roofing contractor to help convince the contractor that negotiation of the check ended its claim to any more money.
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