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Sent contractor a check with reason for lower amount. Check…

Customer Question
Sent contractor a check...

Sent contractor a check with reason for lower amount. Check was cashed. Does this mean I don't owe him more? Can he still put lien on property or go small claims court?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Filed with whom?

Lawyer's Assistant: Where is the property located?

Dayton, OH. I haven't filed with counter suit, he hasn't filed to recoup remaining few hundred. Questions: Do I pay the remaining few hundred? OR since he cashed check does it mean he accepts my terms sent with check -- so no court or lien?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is there a fee for this connect? and How do I know you won't connect with his lawyer?

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/26/2018
Lawyer: LegalKnowledge, Attorney replied 3 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,400
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Did you contact him to address the issue and basis for lower payment or did you just sent the check?
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Lawyer: LegalKnowledge, Attorney replied 3 months ago
Also, the site does charge a fee so if you have questions regarding that please contact customer service.
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Customer reply replied 3 months ago
Customer service chat said $5 plus $31 for a total charge of $36. I sent explanation and check certified mail. In memo area was "paid in full". Bank copy showed this scribbled out so couldn't read. Teller said not part of check processing that it didn't show. Is this legal for someone to do before cashing a check? Since cashed does it mean he agreed to my explanation and I don't owe more? 2 weeks after he sent me certified letter claiming he'd put lien on my property, also mentioned small claims court. He stated that what I said won't hold up in court and it was in quotes I assume his attorney said it. He also claimed the remaining due is not negotiable. Any legal advice in my favor, or is it best to pay remaining balance of Approx. $600?
Lawyer: LegalKnowledge, Attorney replied 3 months ago
The site does not provide legal advice but merely information so please let me know if you would still like to proceed. I am happy to answer your question so please let me know if you still want to pay.
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Customer reply replied 3 months ago
what kind of information does it provide?
Lawyer: LegalKnowledge, Attorney replied 3 months ago
About your question. You just asked for legal advice and the site does not provide any type of legal representation. I just want to know you understand the scope of what we are able to do.
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Lawyer: LegalKnowledge, Attorney replied 3 months ago
Sending the check and it being cashed does not necesssry means that the amount owed in paid in full and there is no outstanding balance. Prior to sending it you should have addressed with him any issue and concern and tried to resolve this. If you were unable to the burden would have shifted to him to sue you for what is owed or try and place a lien on the property and you would have been able to defend and dispute it. With a balance still owed he can still take action which you would need to defend so if there is a dispute it needs to be brought to his attention and he needs to correct it.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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