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    DANNYT's Avatar
    DANNYT Posts: 4, Reputation: 1
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    #1

    Jan 15, 2009, 03:02 PM
    Paycheck signed under duress
    First, I'm a mortgage broker though I am W-2'ed (that really doesn't make much diff) I have a contract from my previous employer stating the commission that I am to receive on any loans originated. I originated a loan in November and it's just now closing the employer says that they are not going to pay me the full amount owed. I have another loan closing with these folks so I don't want to mess that up. When I'm presented with the amount that they are going to pay me I'll need to get the money (because I'm broke) so I'll have to accept the check. Can I go back after cashing the check and sue them for the difference. I'm almost sure they'll put something in writing saying that I am accepting the amount as payment in full. I'm obviously signing the check under duress, I HAVE to get some money or I'll be living on the street. What are my chances of going back on them and telling the court that I only signed what they gave me under duress.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 15, 2009, 03:35 PM

    sounds like you need to find a new lender, they are obligated to pay under the terms of the contract.

    The "paid in full" in most cases courts do not put any value in it, But a few still do. But if you can not refuse it and sue them, you have little choice but to accept it, if they have it wrote on the check, scrath it out and then sue them
    DANNYT's Avatar
    DANNYT Posts: 4, Reputation: 1
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    #3

    Jan 15, 2009, 04:16 PM

    Thanks Fr (Friar?) Chuck. The funny thing about it is the folks are bigtime Christians, or so they claim, your know, bible in the waiting room, fish on the biz cards... we'll see how Christian they really are. D.

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