The often misunderstood impact of writing “Payment in Full” on a check was before the North Carolina Court of Appeals in In the Matter of the Foreclosure of a Lien by Five Oaks Recreational Association, Inc., decided on March 6, 2012. In this case, a member of a planned community failed to pay his assessments on time. The association sued and moved for summary judgment in its favor. The member argued that by writing “Payment in Full” in the memo section of a check, he had reached a settlement with the association for less than the full amount. The Court of Appeals affirmed the entry of summary judgment by the trial court against the member, holding that there was no evidence that the amount was in dispute so that an accord and satisfaction may have existed.
About Bill CannonBill Cannon is a native of Leesburg, Georgia and has been practicing law for more than 35 years. He focuses his practice in the area of civil litigation and has extensive experience in complex litigation. He has a keen interest in professionalism and has been a speaker for orientations on professionalism at law schools. Bill is an author of a variety of professional articles and has made many presentations on professionalism in the practice of law and the importance of the justice system.
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