Legal Advice Needed: | TigerDroppings.com
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Bard
LA-Monroe Fan
BR
Member since Oct 2008
18182 posts

Legal Advice Needed:

I rent a house in BR from someone that lives out of town. I have always paid my rent promptly.

A couple of years ago I switched from mailing them checks to online bill paying from my bank (Chase) because the owner would take MONTHS to cash my checks and when he did , it would be a bunch of them at one time (thus making my checking account balance look like the stock market).

Things have been fine using the automatic bill-pay through the bank... until last month when I noticed a chunk of extra money pop into my account at the beginning of the month. I looked at my account and saw that the December payment was refunded back to me and now so is the January payment.

I've got an inquiry into the bank, but my guess is that the checks they issue have a 90-day time period and the owner is exceeding it (haven't heard from him about December yet).

If he calls me and throws a fit, where am I on this from a law standpoint? I've made a full-faith effort in paying him, would his not cashing the checks in the time period be considered a refusal to accept payment by the courts?


SavageOrangeJug
Tennessee Fan
Member since Oct 2005
3649 posts
Online

re: Legal Advice Needed:
If you want to rely on message board legal advice, I advise you start packing.

Seriously, call a REAL lawyer. The first consultation is usually free.


Zephyrius
LSU Fan
Covington, La.
Member since Dec 2004
3186 posts
Online

re: Legal Advice Needed:
quote:

If you want to rely on message board legal advice, I advise you start packing.


Meh... a lot of smart people on this board who could answer that question.

I think the question is on the wrong board though... go to OT or Money Talk.


Tigah in the ATL
LSU Fan
Atlanta
Member since Feb 2005
25752 posts

re: Legal Advice Needed:
you could pay him with a money order.

I think that checks can be held quite a ling time legally. I had a friend who was a mobile home mogul who discussed this once as a way to manage cash basis revenue.


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Springfield XD
Member since Feb 2013
1782 posts

re: Legal Advice Needed:
You're making interest on the float. To be honest, I would switch back to paper checks so you have a better record.

And this question might fit the Money Talk Board better.


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SavageOrangeJug
Tennessee Fan
Member since Oct 2005
3649 posts
Online

re: Legal Advice Needed:
quote:

Meh... a lot of smart people on this board who could answer that question.

Maybe the next time you need surgery a Vandy fan will be at the ready.


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BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
34716 posts

re: Legal Advice Needed:
quote:

If he calls me and throws a fit, where am I on this from a law standpoint?


Call him. Tell him what is going on. Tell him of your concerns about the hold to deposit, etc. Ask him for a better way for you both to be satisfied.


Lots of problems could be avoided if two parties just TALKED to one another and worked out the situation.


I am not chastising you AT ALL. Just a suggestion.



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CajunAngele
LSU Fan
Member since Oct 2012
16184 posts

re: Legal Advice Needed:
Some banks, (Wells Fargo, BBT) have what looks good online bill paying but it is end resulting in a check sent that takes weeks like the olden days of checks. This could be your problem. The banks online billing program, is not generally, electronically done.

Call or text/e-mail your LL and tell them what is going on. Your rent has to go into an escrow account if he is doing his renting through real estate property management and not on his own. So simple solution to your problem is asking him for the routing number and bank acct. number of the escrow rent acct and pay your rent this way. A lot of LL's do it this way but it requires you to go to their bank with cash. It is a PITB.


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
34716 posts

re: Legal Advice Needed:
quote:

So simple solution to your problem is asking him for the routing number and bank acct. number of the escrow rent acct and pay your rent this way.


Soooo....PIIHB?


Put It In His Bank


CITWTT
LSU Fan
baton rouge
Member since Sep 2005
31765 posts

re: Legal Advice Needed:
Call him ASAP.


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CajunAngele
LSU Fan
Member since Oct 2012
16184 posts

re: Legal Advice Needed:

never thought of that while typing it but now that you point it out.

PITB=pain in the butt


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
34716 posts

re: Legal Advice Needed:
quote:

PITB=pain in the butt


I suspect that is the end result of the OT meaning of PIIHB


Mickey Goldmill
LSU Fan
Baton Rouge
Member since Mar 2010
6100 posts

re: Legal Advice Needed:

You should be fine. You made a good faith effort to pay. Not saying you wouldn't still be held to pay the back payments, but he cant claim you didn't attempt to pay if there is any type of evidence you can come up with of the payments.
This post was edited on 5/3 at 11:22 am


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Bard
LA-Monroe Fan
BR
Member since Oct 2008
18182 posts

re: Legal Advice Needed:
Thanks all
This post was edited on 5/3 at 11:21 am


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CajunAngele
LSU Fan
Member since Oct 2012
16184 posts

re: Legal Advice Needed:


< thread 5 second hijack >

I thought of you this morning reading this

Image: http://weaselzippers.us/wp-content/uploads/quilt-550x341.jpg


Virginia City Councilwoman Deems Black Stick Figure Horribly Racist

< /thread 5 second hijack >


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
34716 posts

re: Legal Advice Needed:
quote:

I thought of you this morning



At first I was like:



quote:

Virginia City Councilwoman Deems Black Stick Figure Horribly Racist


But, then I was like:


CajunAngele
LSU Fan
Member since Oct 2012
16184 posts

re: Legal Advice Needed:
at least you finally remembered my sex. I thought I would say that so no one reading thought you were gay.


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
34716 posts

re: Legal Advice Needed:
quote:

at least you finally remembered my sex.





quote:

I thought I would say that so no one reading thought you were gay.


meh...I don't think of "you're gay" as an insult. It would be incorrect in my case. But, I don't find it insulting


CajunAngele
LSU Fan
Member since Oct 2012
16184 posts

re: Legal Advice Needed:
you're gay!


DEANintheYAY
USA Fan
LEFT COAST
Member since Jan 2008
31783 posts

re: Legal Advice Needed:
Money order/cashiers check would be best on your end. Deducted immediately and thus no worry on your end. I think they have a 6-month shelf life.

Also, tell him since he never cashes your checks he must be rich and maybe he could reduce your rent.


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