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Dex246
Nov 15, 2011, 08:28 PM
I own a business in Florida and I gave a subcontractor a check and I wrote "paid in Full" and "Final check" on the back of the check. He cashed the check and I just found out he filed a lawsuit against me personally and he did not file against my company so I have 2 questions:

1) I do not owe him anything but did I cover myself by writing "paid in Full" and "Final check" on the back of the check?

2) How do I get the case dismissed since he filed against me personally?

Thank You

Fr_Chuck
Nov 15, 2011, 09:41 PM
Is your business a corporation or do you own it as a solely.

The "paid in full" is iffy, many courts will not honor it, esp if you pay it to large companies who often auto sign. And normally cashing it, does not take away their rights to file for further compensation.

So yes he can sue you, and if you privately own the business I do believe they can sue you personally, since your business and personal actions are mixed.

ScottGem
Nov 16, 2011, 05:02 AM
As to whether he can sue, it depends on who his contract was with and the nature of the business entity.

Dex246
Nov 16, 2011, 03:58 PM
It is a corporation. I also wrote "final Check" on the back where he endorsed. Any case law on that?

Dex246
Nov 16, 2011, 04:01 PM
I also paid this to an individual, not a large company.

ScottGem
Nov 16, 2011, 04:10 PM
Was the check drawn on a corporate account? If so, you should be able to get the case dismissed on the grounds that you have no standing to be personally sued.