[Michele292]

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

[LisaB4657]

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.

[Fr_Chuck]

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