If my previous employer cashes checks I send them for reimbursementoftuition expenses, does that consummate acceptance of my repayment terms?

UPDATED: Dec 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my previous employer cashes checks I send them for reimbursementoftuition expenses, does that consummate acceptance of my repayment terms?

I signed an agreement to repay my former employer for any expenses for my MBA for the last 24 months before my last day. On my last week they told me I needed to pay it all at once, which was not stated in the agreement. I sent them a letter stating how much I could pay each month and I started sending checks which they have cashed. Now they hired a legal firm that sent me a letter demanding payment in full or they will sue me. Nowhere does it say I have to pay it all back at once.

Asked on December 20, 2011 under Bankruptcy Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is *possible* that  you could establish that a combination that of you detailing how much you could pay in writing to them, and then them demonstrating acceptance of that amount or  payment plan by cashing the checks without complaint--ast least for a time--constitutes and evidences an agreement between you and them as to a payment plan. However, be aware that without something more explicit from them demonstrating or stating acceptance, that is an uphill battle for you--it is far from definite that you would prevail. That is because the debtor does not have the right to unilaterally determine how much he or she will pay, and when someone owes a debt, the creditor is generally allowed to accept partial payments towards that debt without compromising its abiltity to proceed against the debtor for the balance of payment. In most cases, therefore, the creditor cashing your checks does not, by itself, show that they accepted the payment plan and agreed to it; the fact you laid out the plan in writing helps, as does that they seemingly demonstrated acceptance of the plan for a period of time. However, as noted, it is far from definite that you can prove there was an agreement as to the payment schedule. Without an agreement, they can seek all the money at once.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption