American Express Constitution Bank v. Theodore Anastasio et al. (2010)

MEMORANDUM OF DECISION

Plaintiff brought this legal action against the defendants to collect a credit card debt in the amount of $11,518.07 plus reasonable attorneys fees and court costs.

The defendants claim that this was an accord and satisfaction when the plaintiff accepted the payment by check of $158.00 which had on the reverse side of the check a restrictive endorsement which provided that the plaintiff would accept $10.00 per month until the debt was paid in full without interest in full satisfaction of the debt due it.   The defendants have failed to prove an accord and satisfaction.

Judgment shall enter in favor of the plaintiff against the defendants for $11,518.07, plus attorneys fees and taxable costs.

If the parties cannot agree as to attorneys fees and/or taxable costs, they may return and this court will make that determination.

Robert I. Berdon, J.T.R.

Berdon, Robert I., J.T.R.