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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If I give Bella a new check that does not say Final Payment

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If I give Bella a new check that does not say Final Payment on it what recourse is there? They are threatening to put a lien on my property if I do not.

My name is XXXXX XXXXX I will be assisting you with your legal question.

Do you owe them more than $1050?
Customer: replied 3 years ago.

The whole bill was $11147.67

I guess my question is why did you write the check for less than what you were invoiced and why did you put "Final Payment" on the check?
Customer: replied 3 years ago.

I wrote it for less because things came back damaged and some things did not come back at all.

I see.

In that case, what you have is a breach of warranty and breach of contract claim against the Company. This does not entitle you to pay less than what has been invoiced to you.

If you do not pay, this will trigger the Company's right to sue you and to place a lien on your property. That will cost more in the end to straighten out then paying what you owe, and then suing the company in a small claims court for their failure to do good work and breach of their contract.

They have the right to reject the payment you have given because what you have done is given an offer in compromise which would be viewed as a settlement agreement if they accept it. You can take this as a clear indication that they are not accepting fault here.

Have you sent them any sort of demand that they rectify the situation by either redoing the work or otherwise fixing the problem?
Customer: replied 3 years ago.

No. I didn't know about that part. I can do that however.

What I would recommend is that you go ahead and pay the invoice and then contact them and demand that they fix the problem. If they refuse to do this after an informal contact, you should send a written demand telling them to fix the problem within 30 days or you are going to file suit in small claims court.

If they still do not fix the problem, then file the suit and claim breach of contract and breach of warranty. If you demonstrate to the court that they promised to perform work and did not do what they promised, or that the condition of the work was simply not acceptable and they did not remedy it after given a chance, the court will award you money to go and get the work performed by someone else.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
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