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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6124
Experience:  Experience in business law, contract law and related matters.
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I was short paid on an invoice for design services that i did

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I was short paid on an invoice for design services that i did not agree to, and check was issued with "paid in full" in the memo. If I deposit that check will I lose the ability to collect on the remaining balance?
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Was the only thing sent the check and is that the totality of what was written to you? Was there any additional correspondence attached?

Customer: replied 3 years ago.
No additional written correspondence was received with the check. We spoke on the phone last week(prior to me receiving said check) after numerous attempts on my part to get the invoice payment status. It was at that time on the phone that they indicated they were deducting hours because they felt they were being overcharged. They deducted approx. 2300.00 off of a $6500.00 invoice. I responded that I did not find that acceptable and did not agree with it. I told them I would look at the invoice and see if I thought there was any room for any discount because the conversation hit a standstill. I received the partial payment today.
Thank you for the additional information.

Generally speaking, restrictive endorsements are not binding if not accompanied by a settlement letter. If the check was sent alone with "paid in full" in full, that would not prevent you from suing for the amount that is still owed to you. Many people mistakenly believe that they can write that on a check and pay whatever they want and they won't owe any more. That is not the case, however. After all, if it were that easy, everyone would be doing it and everyone would have great credit!

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