amount paid is not full can i cash check??

[nay2774]

What is the name of your state?
WI

My ex owed me on a promissory note. He sent me his final payment which is nowhere close to what I say he owes. My figures show with the 5% interest that he owes me $1337.73. The check he sent me was for $849.68. It states on there final payment per p.note in the memo section. If I sign this check am I accepting this as final and unable to go after him for the full amount in court if need be?? I live in Wisconsin, he is in Illinois. They note was signed in Illinois from debt accrued there. It took 3 of us over 2 hours to figure out where he even came up with this amount.

I calculated the interest monthly and added it back on to his debt by taking the balance multiply by 5% and dividing that number by 12 months. Basically his calculation and breaking down of the interest amounts to this.
He wrote down the payments he made each month (with no finance) then showed his remaining balance of $456.51 and then added $393.17 for interest and paid me the $849.68. Basically we can't compute in any rational way where he came up with that 393 dollars. All I know is I am short almost 488 dollars. I would like to cash the check but want to make sure I can fight for more down the road.

 

[BL]

He sent me his final payment which is nowhere close to what I say he owes. [ quote ]

We can only go by what you wrote .

If you write under your endorsement Signed in protest of final amount ( may be more wording to add ), others may know .

You can then cash it, and it will allow you to take further action if you beleive you should.


Maybe you should go through all the payments add them up, and see what the out come is .

 

[JETX]

Wisconsin is one of the states that has modified the 'accord and satisfaction' rules.
In Wisconsin, you can simply write "under protest or without prejudice" on the back of the check (near your endorsement) then cash the check. This will protect your right to further action against the debtor.

More on this can be found at: http://www.carreonandassociates.com/4settle.htm