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check offered as settlement

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L

luckypup

Guest
What is the name of your state? NH

I've been trying to get an answer to this question. I am suing a client for an unpaid bill in small claims court. She has since sent me a check for less than half the amount with the words "full and final settlement" written on the check. This is an unacceptable offer, and I feel we will need a mediator or judge to work this out.

My question is, do I need to return the check and mark it "void", or should I hang onto it to bring to court?

Thank you.
 


JETX

Senior Member
You can do either one, but if you do cash it, be sure to note the following at the endorsement:
"under protest or without prejudice". This retains your right to take action against the debtor.

Keep a copy of the check (front and back) after you have noted that endorsement.
Personally, I would just hold the check and present it at court.
 

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