cashing a check for less then the amount owed
Seattle, WA
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Posted about 1 year ago in Banking
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the agreement amount for services rendered is disputed by buyer. buyer wrote check for less then the amount owed. If I cash the check will I be excepting that it is payed in full by buyer?
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Answers (1)John Robert Rizzardi
This attorney is licensed in Washington and 1 other state.
Posted about 1 year ago.
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Cashing a check that does not have a restriction in the endorsement section (the reverse side of the check), a notation in the check memo or check stub such as "payment in full" or is accompanied by a letter saying the payment is provided in settlement of the dispute shouldn't result in your inability to request the balance of what is owed. But, if the buyer has provided anything in writing (including an e-mail) with the payment indicating there is a dispute and the check is an offer to settle, then your acceptance could prevent you from obtaining the balance you feel is owed. If you wish to be careful, do not accept the check, hold it, and inform the buyer that it will be returned when you receive the full payment. If you are comfortable with more risk, you could probably cash a check that is tendered without conditions.
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