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Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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If I receive a check marked "paid in full", but it is not really

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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?

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.
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Thanks and best of luck!

Customer: replied 3 years 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?

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.
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Hello George,

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