If i got a check for and insurance settlement but its not the proper amt?

Question

heres the deal ... a guy and me were sposta split the full amt of cashout settlement for a bike that was totaled and purchased thru salvage by a third party .... k the guy i have a conteract with to split it, sold it for 4300 and we owed another somebody 1000, so out of 3300 im to recieve 1650 but he itemized for me a payout of 1700 total then out of that charged me 1200 for rent ( not part of our contract) he sent me the remainder if 500 in a money order .... well i need to use the money dont wanna send it back but im still owed the other 1200 because rent was not mentioned in contract or at all so how do i cover my rear so i can go after the rest but still be able to acces what i have now ? i was thinkin if i just deposit it noting ...
for deposit only but not accepted as payment in full. and dont even put my signature on it ...that should be good .... yes or no ... any suggestios or knowledge on this would be so appreciated greatly

Answer 1

write a cover letter covering all of the points and get a signature showing you were accepting the check under protest and were expecting the balance!!!!!!!

Answer 2

If you believe your friend thinks this is all you're owed, then don't cash it at all. Cashing it is sort of accepting that you're paid in full. I know you need the money, but just look at it as having not been paid at all and try to come to some agreement, before a possible expiration date of the check(usually 90 days). After negotiating a later date of payment for the balance, if he intends to pay more, get it in writing in case you need to pursue it later in court.

A friend is a friend, money is money and trust, honesty and obligation have to play a part in it all some how. For security, explain how important the matter is and ask to see his/her drivers license signature to verify it's authenticity. One would say don't let money ruin a good friendship, but if you're being treated unfairly, you really don't have a friend in that individual!

Answer 3

you can write those things on the check and thye will have legal weight, but you MUST endorse it (sign on the back) for the check to become negotiable. How do you plan to pay the $ 1200 rent (if indeed you owe that amount?) Your associate does not legally have the right of offset (taking what is yours to settle another obligation), but he must be worried that you are not going to pay it when you would get the money.