Path: utzoo!news-server.csri.toronto.edu!rutgers!cbmvax!bagate!dsinc!telecom-request From: Barton.Bruce@camb.com (Barton F. Bruce) Newsgroups: comp.dcom.telecom Subject: Did MCI Give me $20? Message-ID: Date: 13 Mar 91 07:53:33 GMT Sender: Telecom@eecs.nwu.edu Organization: Cambridge Computer Associates, Inc. Lines: 37 Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 11, Issue 203, Message 8 of 13 I have in front of me a check from MCI for $20. If I were to simply sign it, I would also be signing a permission slip for them to BE my default carrier. I have been told that if someone puts on the back of a check something like "in full payment for denting your fender" that that is NOT part of the check and can be legally CROSSED OUT before signing. There is no wording that I as a layman can find to indicate that the only condition MCI offers the check under is for you to enter into this little contract with them and that you must agree by signing what is printed on the back. I am sure MCI hopes you do it. As far as I can tell, MCI just gave me $20, and I don't need to leave that permission to switch wording intact. Can come legal beagle hazzard a guess as to whether I can simply cross out all that nonsense about switching my service to MCI, and simply cash the check as payment for being hassled again by King Slammer? I am also sure there WOULD be a switch, and then a fight about getting switched back all NOT at my expense, but that will be the fun part. Better yet, who has tried it? [Moderator's Note: Legally, you are on shaky grounds. While the courts have ruled in recent times that 'accord and satisfaction'; i.e. making some sort of restrictive endorsement on a check, won't legally hold up, they were talking about cases where payment of less than the full amount due was tendered as payment in full on an account. I think in your case, MCI could still hold you to the intent of the matter, and claim that you had a contract with them. I doubt they would sue you for the twenty dollars; they might or might not place you with an agency to try and recover the money. I think your suggestion is sort of a chintzy way to try and get something for nothing. PAT]