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9/22/2017 12:11:25 AM
Posted: 8/21/2005 6:48:29 AM EDT
That has "final payment" written in the memo section of the check, does that mean that they no long owe you any money? Say you are owed $1000 and you get a check for $250 with "Final Payment" on it, do you lose $750 if you cash it?
Link Posted: 8/21/2005 6:53:15 AM EDT
They could write the 'Declaration of Independence' in the memo section for all I care, they would still owe me the balance.
Link Posted: 8/21/2005 6:53:46 AM EDT
Link Posted: 8/21/2005 6:58:53 AM EDT
[Last Edit: 8/21/2005 7:01:40 AM EDT by gunman0]
Ever had an annoying friend write "gay anal sex" in the memo section when they owe you money? It doesn't mean a damn thing.
Link Posted: 8/21/2005 6:59:47 AM EDT
Try writing it in the next check you send in for your mortgage, or income tax....see if it works for you
Link Posted: 8/21/2005 7:05:07 AM EDT

Originally Posted By macro:
Try writing it in the next check you send in for your mortgage, or income tax....see if it works for you

what i was about to say!
Link Posted: 8/21/2005 7:08:57 AM EDT
The memo section is just for the check writer, so when they get their canceled checks back they don't go crazy trying to figure out what it was for.
Link Posted: 8/21/2005 7:14:49 AM EDT
no actualy if you cash that check, then it's means it's all paid for, I had to go to court over my ex-wife, I did that to her and it worked
Link Posted: 8/21/2005 7:30:15 AM EDT
When yo put itin the bank. Wright deposited under protest in the endorsment area. If it goes to court and they pull out the "final Payment" check there is proof that you did not agree with it .
Link Posted: 8/21/2005 7:39:55 AM EDT
hehehehe....just write in "Not" in front of it...just kidding.
Link Posted: 8/21/2005 8:09:43 AM EDT
That's a question that crossed my mind yesterday. My wife is due an insurance claim check, and I fear that it will arrive with some type of stipulation printed on it. The overall claim should pay $30k(+/-), but this initial check is supposed to have been mailed on Thursday in the amount $1700 and change. If it could potentially void future payments, I'll be damned if I allow her to sign that measly check.
Link Posted: 8/21/2005 8:16:34 AM EDT

Originally Posted By MuRDoC:
no actualy if you cash that check, then it's means it's all paid for, I had to go to court over my ex-wife, I did that to her and it worked



Glad it worked for you. In most cases, the contract will state such things are not a valid settlement.
Read the paperwork

As stated somewhere earlier: The large print giveth, the small print taketh away.
Link Posted: 8/21/2005 8:35:01 AM EDT
YOu folks are way too cool, I'm going to write that on my next CC bill, and I'll let you folks, but I bet there will be no joy in Mudville though, but I'll keep trying.
Link Posted: 8/21/2005 11:45:54 AM EDT
It varies state by state and can change depending on the type of transaction.

A few years ago I did some contract work and the company didn't pay me. After threats of lawsuits, they finally sent me a check for 1/4 of the amount they owed me with a two paragraph disclaimer on the back. "By signing this check I acknowledge all debts paid in full and forfeit all future claims..." blah blah blah. I took the check to the state labor board and asked the commissioner. She said go ahead cash it so I could at least get part of the money they owed me now, and the Labor Board would collect the rest for me. Concerned about the "contract" I was signing by endorsing the check, she said don't worry, those type of contracts are illegal by state law and unenforceable, so just ignore it.
Link Posted: 8/21/2005 12:26:36 PM EDT

Originally Posted By JavaMan:
It varies state by state and can change depending on the type of transaction.

A few years ago I did some contract work and the company didn't pay me. After threats of lawsuits, they finally sent me a check for 1/4 of the amount they owed me with a two paragraph disclaimer on the back. "By signing this check I acknowledge all debts paid in full and forfeit all future claims..." blah blah blah. I took the check to the state labor board and asked the commissioner. She said go ahead cash it so I could at least get part of the money they owed me now, and the Labor Board would collect the rest for me. Concerned about the "contract" I was signing by endorsing the check, she said don't worry, those type of contracts are illegal by state law and unenforceable, so just ignore it.



Did you get your money?
Link Posted: 8/21/2005 12:37:02 PM EDT
Make a copy of the check, then send the origianl back to them, with a letter, certified mail, in the letter state that they need to make FULL PAYMENT, by such and such date, if full payment is not recieved you will start charging them interest, and you will take them to court, and they will lose and be held responasable for all fees realted to the legal action.

Keep the copy of the check as proof that you beleved they were tring to scam you out of the remaining money owed to you by writing what they did on the check.
Link Posted: 8/21/2005 12:41:57 PM EDT
Yes, this is a dupe.

No, it will not relieve you from the rest of your debt.
Spend about a millisecond thinking of the ramifications if deadbeats were allowed to get away with such shit.

Link Posted: 8/21/2005 12:43:59 PM EDT
iirc, that used to work before compuiters prossed checks, back in the day where someone actually saw, and read your check. aw the computer age

if it is between 2 people it would hold up, but not if it is in the memo. way i have written on the back of the check where the person has to sign is..



cashing this check is for payment in full.

but i caould be wrong ask aimless he is a mouthpiece
Link Posted: 8/21/2005 12:48:11 PM EDT
Happy reading.


U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 3. ENFORCEMENT OF INSTRUMENTS

§ 3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT.

* (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
* (b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
* (c) Subject to subsection (d), a claim is not discharged under subsection (b) if either of the following applies:
o (1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.
o (2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).
* (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.


straylight.law.cornell.edu/ucc/3/3-311.html
Link Posted: 8/21/2005 12:57:49 PM EDT
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