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I am currently in the midst of an arbitration with a

publisher who has owed me...
I am currently in the midst of an arbitration with a publisher who has owed me $8241 for a few years now. We are just at the stage where we are choosing the arbitrator. The publisher wrote me last week offering a payment plan in lieu of the arbitration, which I rejected, due to the fact that they have reneged on previous payment plans. I informed the arbitration firm of their offer and my rejection.
Yesterday, I received a check for $500 from the publisher. My intent was to deposit it, inform the arbitration firm that the base amount I am asking for can be reduced by that amount, and that my acceptance of the check did not constitute an agreement to a payment plan. However, others have suggested to me that it might be a bad idea to accept the check, that it might give the publisher an argument that I am obviously willing to take the money in small installments, etc. I have not done anything with the check yet, and wanted to ask your opinion on whether I somehow put my arbitration in jeopardy if I put it in the bank.
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Answered in 2 minutes by:
3/27/2018
DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 5,130
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Before cashing money for a settlement, parties should enter into a written settlement agreement, especially if during a court or arbitration proceeding. Also, even receiving a payment and attempting to deduct it from the amount due, a stipulation should be in writing to that effect. In other words, if someone wants to make a partial payment on the amount due, there should be a stipulation in writing that this will not establish a settlement or a payment plan or other wording to that effect.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Attorney
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Satisfied Customers: 5,130
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