by Rion » Tue Jan 21, 2014 2:01 am
I am suing a corporation for not paying in full the amount that is owed to my business for its services rendered. Instead of paying me the total amount of my invoice, they paid a small fraction of it and then, in bold hand-written print, in parenthesis, wrote "FULL SETTLEMENT." The case was filed in late january, but the check was written in December. At the time of the court case, I didn't include the amount of the check in the amount due since I was going to cash the check. But, after, I found out that there were laws regarding cashing checks and how they could prevent you from pursuing the case further since it had a restrictive memo written on it. Now that it is April 3rd, over 90 days has passed since the check was written and the check has now expired. How would I go about 'adding' the amount of the check to the amount that is due by the defendant? Or, would it better to just request by the judge or mediator in the pre-trial mediation that the check be re-written?