Legal Question in Business Law in New York

Deposit under duress? Please advise?

We received a check from a customer that is not for the full amount. Customer waits 6 months to send a payment that is only partial-check does not state final payment or payment in full but letter is sent along with it. Customer deducted for workman's comp.we did noy have at the time service was performed-he was aware of this and wanted the work done anyway-now the customer sends a check less what he says workman's comp.charged him. We performed other jobs for him without workman's comp. and were paid in full! Customer is siad to be having financial problems do we deposit this check? do we write ''deposited under duress''? can we file in small claims court for balane due? Please advise!


Asked on 3/30/06, 1:04 pm

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Deposit under duress? Please advise?

I undertsand your question quite well. If however the check itself does not have a limiting order, such as language stating 'payment in full' or something along those lines then the cashing of the check would not in anyway be construed as an acceotance of any accord on your agreement.

You have a contract, and you are due the money the contract states. Deposit or cash the check, make sure that you have the amount on the face of the check in yoru account or in your hands before begining a law suit, because if the check does not clear you may then have to re-file a suit or ammend your suit in order to include the amount of the bounced check.

Feel free to contact my office regarding any assistance with this matter.

Carlos Gonzalez, Esq.

7185419077

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Answered on 3/31/06, 12:34 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Deposit under duress? Please advise?

Deposit the draft

Send him a bill for the difference after the check clears.

Wait 30 days.

Sue him for the difference.

NYC small claims jurisdction is $5000.00

Good Luck.

RRG

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Answered on 3/30/06, 1:10 pm


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