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If I receive a check marked "paid in full", but it is not really

Customer Question

If I receive a check marked "paid in full", but it is not really paid in full, may I cash it and then proceed with whatever actions I need to get the rest of the money?
Submitted: 10 months ago.
Category: Legal
Expert:  Joseph replied 10 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

No, unfortunately, if you cash the check, you can be considered to have consented to it constituting payment in full due to the memo line reading that.

If you were then to pursue a cause of action against the person for additional money, the person could point to the fact that you signed and deposited the check stating that you paid in full, waving your rights to recoup any additional money from the person.


I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service preferably) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph
Customer: replied 10 months ago.

 


two scenarios--if he acknowledges via email that he owes me additional money, can I cash the check?--Or, can I hold the check and then take him to small claims court with my request for additional money?

Expert:  Joseph replied 10 months ago.
Hello George,

Even if he acknowledges via email that he owes you additional money, I wouldn't suggest you cash the check as that can still wave your rights to pursue additional money from him.

It would be perfectly fine (and advisable), however, to hold the check, and pursue a small claims case against him for the additional money that you are owed.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5032
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 12 other Legal Specialists are ready to help you
Expert:  Joseph replied 10 months ago.
Hello George,

Thank you for your positive rating of my service and the generous bonus! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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