Question about utility bill "past due."

[hnhlvr]

We were paying some of our utilities through our landlord and billed monthly. She had sent us a bill for June and I didn't pay it and we were in the process of moving out, but would be owing for July. What happened though is that when she sent us our July bill, it just showed the July balance and didn't have any mention of a past due amount for the unpaid June, balance due fwd'd, or anything. It stated "final bill." I sent a check for the final bill and wrote on the check in the memo final bill and she cashed it.

She just sent a past due bill for the June amount I never paid. Since she never included our past due, stated on the July bill that it was our last bill, and cashed the check, did she mess up or does she still have a legal standing in court since I do owe that amount - even though it wasn't mentioned in the final bill?

*** just to mention, ads keep appearing at the bottom of my posts...I am NOT putting these up! Just want to clarify.

[malf1204]

You need to check your state law concerning restrictive endorsement some state allow it some do not.

When a party does not conform to the agreement, they have breached a contract and the payee of the check is entitled to relief in the courts. Courts have recently ruled that abuse of the "Satisfaction and Accord" doctrine can make endorsements null and void.

Let's assume you owe $300 to some lender. You might think you're pulling a fast one and send a check for only $10 thinking if they cash it that you no longer owe the remainder. This particular tactic has been reversed on almost every occasion. It is advised that when you send a check with a restrictive endorsement that you also send an accompanying letter that identifies the amount being sent and the fact that it is a follow up to a previous written agreement. This type of correspondence has always held up in court.

Here is the verbiage to print on the back of your check: "Depositing of the funds constitutes acceptance of the enclosed settlement agreement and full satisfaction of the debt described."

Article Source: http://EzineArticles.com/333449

So unless you had a previous agreement with the landlord in which she would accept a lower payment restrictive endorsement is not valid.

[hnhlvr]

What about the landlord not including the past due amount on the July bill and stating it was the "final bill." Does that hold any grounds for my defense?

[malf1204]

That is a separate issue. If the bill in fact said "Final Bill" then that would be a defense but the restrictive endorsement is probably not valid if you owed the money and she did not agree to a lesser amount. One could argue that by placing the words "Final Bill" she was agreeing to a lesser amount but it is not a slam dunk.

[ValleYum]

Is the utility bill so large that you just don't want to pay it? Or is it a held-over grudge with your landlord?

Positive rental references (if you need them) will be hard to come by if you stiff her on the utilities. JMHO.

PS: The ads appear when you are the first poster in a thread.