should i cash the check?

[TrophyHusband 0]

today we recieved a settlement check for the damage done to our stuff during our recent move. we were satisfied with the settlement amount for all but one item. for the item in question (an armoire), they didn't give us anything. the reason stated is that it was previously damaged as per original inventory. indeed the original inventory does note four places of damage, however all four damage codes begin with a "4" indicating damage to the front. Also the codes all indicated superficial things such as scratches and chips. The damage I claimed was a piece broken out of the rear of the armoire.

The people I have dealt with throughout the claim process have been very professional, helpful, and polite. Today's phone call was no different. I'm sure that this is just a mistake and will get worked out with no problems.

While on the phone, I asked what I should do with the settlement check they sent me. I was told that if I was satisfied with the amounts given for the rest of the items, I could cash the check. Since they offered me nothing for the armoire, cashing the check does not release them from liability for the armoire.

Of course they needed me to email them the details and in that email, i requested that they send me an email stating that I could cash the check. Should I cash it?

"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

[Southern_Man 0]

Wait until you get their confirmation e-mail.

"What if there were no hypothetical questions?"

[wildcard451 0]

Not until you have it in writing that cashing that check does NOT complete the settlement and release them from the armoire.

[Nataly 38]

I would ask a lawyer.. I know they're *saying* cashing the check doesn't remove their liability.. But is that true, or are they trying to sucker you into accepting something which will end-up doing just the opposite?? Ie: if you accept the check, does that mean that legally you have no more recourse after that?

Check the law dude - don't just take their word for it. Unless of course you don't want any more hassle & are happy with the amount.

"There is no problem so bad you can't make it worse."
- Chris Hadfield
« Sors le martinet et flagelle toi indigne contrôleuse de gestion. »
- my boss

[TrophyHusband 0]

we're not talking about enough money here to involve a lawyer. as far as them trying to sucker me into something, it's probably not the case. this was a military move and they wouldn't have to screw too many people over before they would lose the air force's business.

"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

[Nataly 38]

Quote

we're not talking about enough money here to involve a lawyer. as far as them trying to sucker me into something, it's probably not the case. this was a military move and they wouldn't have to screw too many people over before they would lose the air force's business.

I'm not saying pay a lawyer!! But you or one of your friend must know *someone* who's a lawyer?? Or you could google it..

"There is no problem so bad you can't make it worse."
- Chris Hadfield
« Sors le martinet et flagelle toi indigne contrôleuse de gestion. »
- my boss

[wmw999 2,589]

Quote

I'm not saying pay a lawyer!! But you or one of your friend must know *someone* who's a lawyer?? Or you could google it..

He's doing what most skydivers do when they have a legal problem that's not worth a lawyer to them: he's asking on dz.com . That's where I ask my PC questions that I'm not ready to pay a technician for

Wendy P.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[JohnRich 4]

I wouldn't cash it until you've received full settlement for every last item. Resist the temptation.

I once had a moving company send a representative over to pick up a couple of damaged pieces from a move, claiming it was to have them repaired for me. A few days later a check arrived in the mail. I was poor and needed the money, and cashed it. Next thing I know, I learn that my items will never be returned to me, not even in their damaged condition, because they've been "lost", and by cashing the check I accepted the moving company's final settlement for the items. The whole "repair" thing was just a ruse, apparently.

Items lost, forever.

[jtval 0]

Quote

we're not talking about enough money here to involve a lawyer. as far as them trying to sucker me into something, it's probably not the case. this was a military move and they wouldn't have to screw too many people over before they would lose the air force's business.

Ah, the good ole military move.
Gppso?

Good on you for getting any money.
I would at least wait for the conf email.

If they don't repay you for your funiture you can tell them that you changed your name to omar shalik and you would like an in person interview.
I bet that'll scare them into paying you.

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[JerryBaumchen 1,468]

Hi Trophy,

As for cashing the check taking away any further claim by you; it really depends on the law in the state that you filed/will file any claim.

I am helping someone deal with this very issue on a settlement regarding damage to a car.

My son is a lawyer here in Oregon and he informs me that cashing a settlement check does not takeaway any rights to a further claim; unless of course they happen to send you an agreement to sign taking away those rights. That would then end your rights to any further claim.

Is that good enough for a work-bench lawyer thought?

JerryBaumchen

[TrophyHusband 0]

damn. got an email back saying she would look into it and it would take 7-10 days, but she didn't mention the check. i guess i have to hold onto it.

"Your scrotum is quite nice" - Skymama
www.kjandmegan.com