AboutBob Rushton Expertise I am a business finance consultant. I arrange funding for business projects around the world. I specialise in cases where the bank has said no,
Experience 20 years in corporate and personal finance,
Expert: Bob Rushton Date: 5/23/2008 Subject: CHECK PAYMENT or Cheque payment in UK !
Question I have been having a fees dispute with an attorney. Finally I sent moneys to
settle all legal fees, yet the attorney claims that I still owe moneys.
He was in the middle of my case and although he agreed in the retainer that
all legal fees were to be paid out of collected proceeds, he threatened to
withdraw unless I pay him.
I paid by check and on the back of it, where it was endorsed I wrote,
" Endorsement for negotiations of this check constitutes full settlement
for.....my name and social security number...."
It is my belief and understanding that once the attorney cashed this check
he in effect agreed to the terms and there is nothing else due concerning my
dealings with him.
Comments?
Answer Interesting how strange the USA is !
Logically he should have provided you with some sort of letter of engagement setting out his terms, and once finished a statement of account giving indication of charges.
If the attorney has had to resort to collection of the debt because you have not paid him then logically he will charge you for that recovery process.
I don’t get the writing on the back of the cheque? Is that an American thing? Its what it says on the front that counts in the UK.
I’m sorry but I can be of littler help not knowing the vagaries of US law. However in my experience lawyers are usually right even if you think it’s unfair.
Why don’t you ask him for a breakdown of account ie what you owe him what you have paid and what is remaining? If its not right then talk to him about it, if it is make arrangement to pay by installment if you cant afford one lump.
