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  1. #1
    Join Date
    Aug 2006
    Posts
    3

    Angry Check Marked As Final Payment When More is Actually Owed

    We finished a job as a sub-contractor over six months ago. Our contract said that if we hit this very hard rock around the foundation in which we had to dig that we would receive an extra amount of money. We billed for the final amount three months ago and received an answer that we were only going to receive so much and that was that. The old foreman who was fired and about four others including myself both heard and read this generals promises for extra money and the contract. (Which has magically disappeared from both sides. Now, I have received a check for a nice sum but in the memo it says "Final Payment". Now I want to sue this guy for the rest which would require a small claims court but I am also very desperate for the check that he gave me. I know that there must be a loophole that will allow me to cash the check but still have the ability to take him to court for the rest. I was wondering if there was a difference between "Final Paymet" and "Paid in Full"? Can I put under my signature " With prejudice"? How can I do this because he has done it to others as well. I know that I would win in court very easily because of my witnesses but I need the money now. Ideas?
    Utah.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Final payment checks when more is actually owed.

    Depending upon your state's law, you may be able to accept the payment "under protest", or you may waive any further claim by cashing the check. So verify your state's laws. Assuming your last comment means all of this is in Utah, I haven't been able to find a firm answer under Utah law.

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