check cashing legal question

iluvcats

this stems from something I heard judge wopner say on people's court.

I have been in touch with a musician's manager to play at my home in a year.
In order to get that exact date, he emailed the rate to me and that I must send them 50 percent down. There's just emails with the amount, no contract....So I wrote the check for the 50 percent. Down at the bottom under memo, I stated the artist, name of the tour, the date, and I wrote "50 percent deposit." I have not mailed it yet.

If they cash it, am I covered if his management comes back later and says, "oh no, the rate was $x,000 not $y,000"

I know a woman who's dealt with this artist's mgmt and they are good people.
It's my husband that was a booger b/c there is no contract. The email also states how long he is to play and visit.

pinot768

iluvcats wrote:

this stems from something I heard judge wopner say on people's court.

I have been in touch with a musician's manager to play at my home in a year.
In order to get that exact date, he emailed the rate to me and that I must send them 50 percent down. There's just emails with the amount, no contract....So I wrote the check for the 50 percent. Down at the bottom under memo, I stated the artist, name of the tour, the date, and I wrote "50 percent deposit." I have not mailed it yet.

If they cash it, am I covered if his management comes back later and says, "oh no, the rate was $x,000 not $y,000"

I know a woman who's dealt with this artist's mgmt and they are good people.
It's my husband that was a booger b/c there is no contract. The email also states how long he is to play and visit.

If the emails contain the details of the performance as well as the rates, depending on your state, it could be construed as a contract, even if nothing is signed. In some jurisdictions, communications between parties hold up in court. I would suggest printing and keeping copies of the emails. I would also ask for an email receipt from the manager, stating exactly the amount he got, the check number, who it was from, and what it was for. That way it's in his words as well as what you put on the bottom of the check.

Shawn Smith Collective

Based on your scenario, as it stands at the moment, the emails would be your entire case. The memo on a check is meaningless. It's more or less a note to yourself for when you get your canceled checks back.

iluvcats

pinot768 wrote:

If the emails contain the details of the performance as well as the rates, depending on your state, it could be construed as a contract, even if nothing is signed. In some jurisdictions, communications between parties hold up in court. I would suggest printing and keeping copies of the emails. I would also ask for an email receipt from the manager, stating exactly the amount he got, the check number, who it was from, and what it was for. That way it's in his words as well as what you put on the bottom of the check.

ok, I printed the email thread and included it in the envelope with the deposit.
thanks all