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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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I have a client in texas that disputed an invoice, they sent

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I have a client in texas that disputed an invoice, they sent a check for less than half the service amount...on the check they wrote "invoice #9340 final Payment" can I cash this check writing on the back "without prejudice" and still have the option to sue in small claims court for the reminder of the invoice especially if i can prove fraud on their dispute? They live in a neighboring county can I sue them in my county where some of the work was done and where they contacted me from?
Dear JACUSTOMER - I would not cash the check if you want to sue for a larger amount. You can sue in your county and allege that the contract was partially based in your county and they would have to dispute the venue if they want to defend in their county. Generally the proper venue is the county where the defendant is located but you can make a case for your county because the contract, at least in part was performed there. If you cash the check you are leaving open a defense for the defendant to claim payment in full regardless of what you write on the check.
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