Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Small Claims   »   UPDATE to "money owed on condo improvements" thread. HELP!

 
Question Tools Search this Question Display Modes
Question
 
 
#1  
Old Oct 11, 2006, 06:24 PM
Michele292
New Member
Michele292 is offline
 
Join Date: Oct 2006
Posts: 10
Michele292 See this member's comment history on his/her Profile page.
UPDATE to "money owed on condo improvements" thread. HELP!

THANK YOU EVERYONE!

I have an update:

I just received a check from him in the mail for $6500.00!

Obviously, that's only about 1/3 of what he owes me. I'm happy to get that much but I have 2 important questions:

1) He wrote on the check in the "FOR" line "Paid in Full"
If I cash it, am I agreeing to that lie?

2) Can I mark that out or add something to it and then cash it, or is that illegal?

Also........ isn't the fact that he paid me SOMETHING an admission that he does indeed owe me money? Won't that help me in court when I try to recoup ALL the money?

Also........ I believe the amount of $6500 is his way of saying "Here's HALF of the $13K you spent on materials. The other HALF is mine since I supplied most of the labor." Sooooooo, isn't that like saying we were in it together. And therefore, wouldn't he owe me HALF the profit, not half of my investment only? In other words, he can't have it both ways. Either I get my full investment back because he was borrowing the money to finish the condo and owes me my money back. OR He owes me HALF the profit. He can't have it both ways. (Personally, I will be satisfied with my money back. He can keep the profit. Why on earth would a judge allow him to keep half of my money AND all the profit??)

Thank you, you are all my heroes.

Michele

Reply With Quote
 
     

Answers
 
 
Old Oct 11, 2006, 07:26 PM   #2  
LisaB4657
Ultra Member
LisaB4657 is online now
 
Join Date: Sep 2005
Location: New Jersey
Posts: 1,240
LisaB4657 See this member's comment history on his/her Profile page.LisaB4657 See this member's comment history on his/her Profile page.LisaB4657 See this member's comment history on his/her Profile page.
DO NOT cash that check until you speak to an attorney in your area! In some cases cashing a check like that would mean that you accept that amount as full payment of your claim.
  Reply With Quote
 
     
 
 
Old Oct 12, 2006, 04:49 AM   #3  
Fr_Chuck
Christianity Expert
Fr_Chuck is offline
 
Fr_Chuck's Avatar
 
Join Date: Nov 2005
Location: Atlanta GA
Posts: 23,671
Fr_Chuck has disabled reputation
NO, if you are hand signing the back of the check, if you accept it, you have accepted a offer for paid in full.

And you can not just change his offer.

And no a offer to settle does not prove any liabiity it only shows he may think it is cheaper to settle than to go to court. ( that is done every day by insurance companies.

The only time courts have allowed checks to be cashed with "paid in full" on it and not hold it as valid, is when it goes to a large company who does not hand handle the checks but used electronic machines to process the checks that come in.

If you cash it, you have settleed and will not be able to win if you sue them.

It don't have to make sense, it is the law,

What he has sent you is called a offer for settlement, you can either send the check back to them with a note that you require ....... for payment in full. Or you can accept this amount if you don't think it is worth going to court to get the rest.

The trick is that it can easily cost 5000 for attorneys and court fees to go to civil court.

The judge can allow it, if the law allows it. You need to discuss your chance of winning with a local attorney and see if he thinks that the money you just got is a fair settlement or not

Comments on this post
Michele292 agrees: Thank you for taking the time to help me out!
  Reply With Quote
 
     


Question Tools Search this Question
Search this Question:

Advanced Search
Display Modes

 
Similar Sponsors

Similar Questions
Question Asker Topic Answers Last Post
Fan Blower not working in "ON" or "AUTO" in heat or AC phelixu Heating & Air Conditioning 4 Aug 4, 2007 08:43 PM
Norton2003 Antivirus "live update"I leftycop Antivirus 3 Jul 25, 2007 02:33 PM
Money owed on condo improvements Michele292 Small Claims 12 Oct 11, 2006 05:04 PM
Another "My Internet Won't Work" Thread SteveC Spyware, Viruses, etc. 2 Jan 5, 2005 08:59 PM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 05:19 AM.

Content Relevant URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.