When Militzer wrote the check to Berkley District Court, he scribbled on the memo line, "BULL (expletive) MONEY GRAB. The computer programmer Robert Militzer from Allen Park got the ticket May 29. If you are concerned that one of your clients would take you to court, your safest bet is to return the check and make another payment arrangement. It will give you precise information about the validity of memo lines within the context of business transactions for your jurisdiction.My gut reaction is that in your instance, you should be fine.
#Check memo line code#
To the individual who writes "road tax" on the memo line of checks regarding speeding tickets, I would direct them to this case study where a slightly more profane version of the same endeavor caused someone to be charged with contempt of court: /news/9430721/detail.html My final advice: THE MOST RELEVANT THING TO DO would be to look up the Uniform Commercial Code for your state. This having been said, while the rendering or depositing of a check may indeed become a means of establishing one's participation in an agreement, in the presence of an invoice, contract, or otherwise more "court-worthy" document so to speak (as in your situation), the memo would not be especially relevant.Ī memo line is a sort a last-resort in terms of determining an agreement between two parties. In some states, the memo line annotation can nullify an existing agreement. Other jurisdictions however, have specific legislation that allows an individual to cash "paid in full" memoed checks, and still maintain their right to pursue the remainder of the balance.
#Check memo line full#
The most typical example of a memo line creating trouble in court regards the phrase "paid in full " in a number of jurisdictions, if you cash this check, and the individual has not in fact, paid the full balance of what they owe you, you may be unable to claim the remainder of the balance.
When someone deposits a check, that by endorsing the check, they are agreeing to whatever is written in the memo field - and that this is legally binding in court. Do not let them know that or they will begin to add a fee for any check that has the memo field with any data entered into it! I guess it is one "service" a bank provides without a fee. In the end though it is simply to be an aid for book keeping for the account holder. I said to him, what if there is some legal thing that can cause you to get into trouble about what you write in there? So then the search began and in the end it was quite interesting to hear all responses. He would laugh about it as he said it was something for the bank clerks to have a good laugh over. What caused me to want to find out was the fact that a friend of mine would always write in goofy, lewd and sometimes obscene things in the memo field of his checks. What I got from him was there is definitely no legal binding at all to the memo field of a check.
Once I received this information I went to my lawyer and asked him the same question. It has no bearing on the actual product or any terms of agreement between the seller and the buyer. The "memo" field of a check is for the sole use of the person writing the check and it is meant for simple detail as what the money is being spent for. What information I received from all points of inquirer was the same. It was a Scotia Bank and we eventually contacted the head office in Toronto. Years ago I had this same question for myself so I went to the bank manager for the bank I had my accounts.
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