Is a notation on the memo line of a check enforceable?
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Is a notation on the memo line of a check enforceable?
If a client writes
Asked on June 28, 2017 under Business Law, Utah
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it is not. The fact is that one party may not change the amount owed or terms of payment by writing in such a notation. There is a common myth that the memo line on a check is legally enforceable force but it isn't. That line is just for informational purposes. Therefore, while it helps to identify the purpose of a check, it does not bind the recipient. And if you think about it, it makes sense. If it was that easy to alter the terms of a payment, etc., it would be done all of the time. Bottom line, a recipient of a check can cash it without being bound by whatever may have been written in on the memo line.
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