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Hello and welcome,Unfortunately, CA courts have stated that common law principles can effect and accord and satisfaction so that the recipient of the check cannot pursue further action against the payor if they accept the payment where the instrument indicates that it is a payment in full or similar language is used.The words "final payment" could be interpreted to mean that you are accepting the check in full satisfaction of the debt especially since you have a case pending against the payor. Therefore, you must typically choose whether to accept the payment and risk having your case dismissed, or returning the uncashed check and proceeding with the awsuit.Here is a link which discusses this issue:http://www.zlien.com/blog/beware-checks-payment-in-full-memo-mechanics-lien-rights/
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