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Should I deposit a joint check for less than the full balance?

GeorgiaJoint ChecksLien ReleasesLien Waivers

I have a question regarding the "joint check rule" I have a customer that owes me $109K for invoices from October-December. They are sending me a Joint check for $54k to cover October invoices. If I deposit the check do I waive my rights to file a lien if I do not receive payment for Nov. and Dec. Invoices

2 replies

Dec 18, 2020

It shouldn't. Just make sure the check does not contain a notation on it anywhere that states "payment in full" or words to that effect. If you are in doubt, show the check to an attorney. It's worth the spend to avoid losing out on your remaining $54K.

Dec 19, 2020

You should not having a problem collecting for your later invoices unless the check as some restrictive language such as "full and final payment" or something like that. Also, if you are asked to sign a lien waiver it needs to be filled out properly so you are waiving your lien rights only for the payment made by joint check (for your work through October).


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