Expert: Charles W. Field - 11/27/2004

Question
I lent a friend $1300 last year, I have the canceled check from the loan.  I recently threatened to take her to court because she hasn't paid me back.  Today she sent me a check for $1000 with 'paid in full' written on it.  If I cash this check will I be able to get the other $300 she owes me?  What should i do?
Thanks for your time :)


Answer
You have two choices. 1. Cash the check and that will be the end of the matter because you have reached an "accord and satisfaction". 2. Return the check, keeping a copy of it, and sue for the full amount. You have to guage whether it's worth your time and money to pursue the extra $300.00. Check with your local small claims court to have the process explained. Typically, here is the drill: You file the suit and pay a filing fee of $20.00 to $100.00, depending on your jurisdiction. The defendant then has 30 days to respond. Then you will get a notice in the mail about a trial date. Then, you have to figure the amount of time to pursue the matter. You will have to spend more time to sit in court until your case is called.