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Hello, I am a texas resident and I wrote a deposit check for an airconditioner and then canceled the installation 6 days prior since the contractor had horrible reviews on BBB.  They finally sent my refunded deposit check and took out 25% for "restocking" after 30 days of calling them.  The check has written on the memo and endorsement lines " by endorsing or cashing this check the payee agrees to dismiss all claims and disputes from date and prior".

If I cash the check do I lose the ability to pursue the rest of the money? I am afraid they are going to go bankrupt.  Thanks!  Nathan

Hello Nathan:
I just saw your question about the withholding of your deposit for the AC, etc.    I am from Texas and would be glad to help you.   However, your options depend on some facts that you did not describe in your question.    How you handle this, ESPECIALLY if bankruptcy is a possibility, is important or you may lose your right to do anything about this.   Insofar as the purported release goes, given the circumstances you just may be able to successfully argue that the release is not enforceable because it amounts to an adhesion contract (which is unenforceable).      In any event, if you call me I can more easily explain what you can do to get the rest of your money back, plus costs incurred.   I will not charge you just to talk on the hone.   You can call me any time at this number:    915 261-3893   I look forward to hearing from you.

Jack Hall,    J.D.  

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