I am holding a judgment against my tenant. She made two payments then filed a motion to terminate the payment plan due to job loss. The judge denied her motion to terminate the payment plan. So the payment plan is still valid. Suddenly I got a check for an odd amount but most of the balance. She still owes about $150 on the original balance and another $200 in interest.
There was no letter with the check, and the only note/memo on the check is her name on the memo line (its a bank check, not a personal check). This exactly what she did with her prior payments. It seems I can cash this check (after copying both sides) and she still owes the balance. If she later claims this current check was accord and satisfaction, I would have the check copy to prove no such thing written on it but it would be her word against mine that no letter was enclosed. I intend to cash the check, but is there anything I can do to protect my right to the balance? E.g. on the back write "partial payment" and sign under that. Anything else? Thank you
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Editor's Response
I guess you could take all the steps you outlined in your question, if you are really concerned about the debtor making such a claim. However, I don't think the debtor will have much luck pressing for an accord and satisfaction. As you may know from reading the other post about accord and satisfaction in MA, there must be some genuine dispute over the amount of the debt. In this case, you are trying to collect on a judgment issued by a court. Good luck.