"settlement of all claims" statement on back of check

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Latest post 12-02-2009 11:49 PM by Drew. 5 replies.
  • 12-02-2009 6:11 PM

    • JudyA
      Consumer
    • Not Ranked
    • Joined on 09-21-2009
    • MD
    • Posts 40

    "settlement of all claims" statement on back of check

    After a recent move, I submitted a claim to the mover for some items that they had damaged and some items they had lost. This claim was in two parts, let's call them part A (damaged and missing goods) and part B (damaged furniture). The mover assigned both parts to the same claim number; I assume they are treating both parts as a single claim.

    The mover subsequently sent me a letter denying the claim, stating that they couldn't determine if the damage to the furniture was caused by them. Of course I do not accept this and want to challenge/appeal it.

    I emailed them, reminding them that they had not settled the part A of my claim. They emailed back saying that they would send a check for the amount requested.

    Today, I received the check for the full amount requested (a little over $600) for part A. On the back of the check is a statement to the effect that if I endorse the check, I accept it as final settlement of the claim listed on the front and release them from all further claims. Their claim number is on the statement part of the mailing (not on the check itself), and is the number they are using for both part A and part B.

    Since they have settled part A but we are disputing part B, can I cross out the statement on the back of the check and then deposit it? I was thinking of sending them a letter to the effect of "thank you for your payment for part A of my claim, however we do not accept your denial of part B"

    1. is it ok to cross out the printed statement on the back of the check?

    2. should I send that letter?

    Thank you for your help! This hassle with the mover has been long and tedious

     

  • 12-02-2009 6:27 PM In reply to

    Re: "settlement of all claims" statement on back of check

    JudyA:
    1. is it ok to cross out the printed statement on the back of the check?

    No.

    Wouldn't change the fact that you accepted the money and tried to do an end run around the release. I'd even go as far as to say that their bank will be on the lookout for that and immediately notify the company and there will be a stop pay on the funds.

    JudyA:
    2. should I send that letter?

    No.

    It's foolish.

    If you are still disputing part of the claim, don't cash the check. Period.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-02-2009 8:35 PM In reply to

    • JudyA
      Consumer
    • Not Ranked
    • Joined on 09-21-2009
    • MD
    • Posts 40

    Re: "settlement of all claims" statement on back of check

    In rereading my post I believe I misstated the situation. The mover knows that part B is still in dispute and still sent me the check - I am not trying to "end around" their settlement of part A. I feel they are trying to use the part A settlement to get out of settling part B. I

  • 12-02-2009 8:41 PM In reply to

    Re: "settlement of all claims" statement on back of check

    What the mover "knows" is quite different from what the check says, right?

    It's what the check says that counts.

    It's possible that the mover is trying to do an end run around you.

    So be careful.

    At the very least, hold on to the check for a bit while you pursue Part B.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-02-2009 11:49 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,250

    Re: "settlement of all claims" statement on back of check

    I do NOT know where MD stands on the doctrine of satisfaction of accord and satisfaction --some states honor it--others do not--some say if you accept andcash  but clearly mark check as "under protest" its negated--but you neeed to sort out what  applies in MD --as there is a possibility that to cash it could close the book on BOTH A and B.



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