I have mailed the check excuse

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I have mailed the check excuse

Jay P.
Oak Brook, IL · Member since 2016 · 83 posts · 7 votes

Hi All, 

I have a court hearing for judgement on May 3rd.

The tenant and I agreed at the end of March that all rent from Feb to Current would be paid by April 15th. This was a court order agreement. 

So far, I received a check TODAY (May 1 2017) for 50% of the rent he owed for Feb. 

He is emailing my attorney and myself saying how he has mailed out the checks for the previous months and that they must be lost in the mail or that I am not cashing them. 

He did send this one check I received "certified" but nothing else was certified. 

Does this type of excuse work in Court to delay this judgement further? As I am guessing his end goal is to delay and get as long as he can for free. 

Thanks

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Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y

For everyone out there if you accept a settlement agreement with your tenant, the payment is to be made by money order or cashiers check only on the said date, by set time. at set place. so no error for payment. If they don't pay you don't wait you go back to court the next day. 

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  • Shaun Patterson
    Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    If he sent them he should have proof. No proof it didn't happen. it doesn't take a long time to send letters out through regular mail. If he can prove it was sent out that is different. 

    0Reply
  • Justin Fox
    Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes
    9y

    @Jay P.

    Seems to me the agreement was fairly simple.  All the rent due in your hand by the 15th or he/she failed to hold up their end of the bargain.

    I would ask your attorney for sure, but I would think this is pretty straight forward.  Especially if you see the same judge, in the same court.

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    He is saying his attorney has copies of the checks (but I'm not sure if any of those were ever really sent)

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Justin Fox

    I hope so too. 

    But this guy is a master tactician at delaying and who knows what he could be cooking up to further delay this process. 

    0Reply
  • Sean Cassidy
    Investor · Brownville, ME · Member since 2017 · 83 posts · 35 votes
    9y

    I think he's going to be moving soon...

    I've worked some jobs where we got the checks in the mail excuse often. I've even had people email pictures of the check. Thing is, unless his lawyer mailed the checks for him and will state that in court... no judge is going to take him at his word.

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Sean Cassidy

    He tried moving already - but it fell through. 

    My guess is that the unlawful detainer is on his record now and this is public in IL. 

    The new smarter than me landlord must have seen it, 

    1Reply
  • Sean Cassidy
    Investor · Brownville, ME · Member since 2017 · 83 posts · 35 votes
    9y

    @Jay P. I meant moving because he's going to be removed by a sheriff. Judges hate to see these people come back to court with excuses. Almost as much as they hate to see a landlord back in court who didn't hold his end.

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Sean Cassidy

    Hope so. 

    This judge seems to like tenants a lot though. 

    I just hope justice is done in 2 days time. 

    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    So he is in default of court agreement, take the agreement back to the court and ask for a writ and then he'll get served with like a 3 day or whatever notice to move have sheriff serve it, and if he hasn't vacated after sheriff serves and posts then you go back to sheriff and have him come out and do a lock out.  you've already paid for your court fee's he's in default and don't worry about the rest of the excuses he's making he is not paid in full as per court agreement dates. 

    1Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Deanna McCormick

    Yes I hope this happens. 

    I think he spent all the money for rent on his attorney - who has been trying to get him to co-operate with no luck. 

    My attorney informed me that the attorney he hired was very very expensive, (he is a divorce lawyer so not sure why this guy hired him) 

    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Go to the court house today and get it over.. @Jay P.  Good luck,, who cares how much he paid his attourney.. he's a jerk and jerks given a second chance are stupid  jerks.. 

    0Reply
  • Shaun Patterson
    Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y
    Originally posted by @Jay P.:

    @Deanna McCormick

    Yes I hope this happens. 

    I think he spent all the money for rent on his attorney - who has been trying to get him to co-operate with no luck. 

    My attorney informed me that the attorney he hired was very very expensive, (he is a divorce lawyer so not sure why this guy hired him) 

     Any lawyer can try to procrastinate an eviction if needed. Just make sure all of your ducks are in a row so no excuses or tactics get through the cracks. The scam for some lawyers is to just pay the lawyer 400-500 a month to keep them in the property for another year. While doing this they will files motion after motion to extend the eviction proceedings.  It's sad but a lot of bad lawyers do this. 

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Deanna McCormick

    thanks. fingers crossed it will be over come wednesday

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Shaun Patterson

    sheesh, where is the justice in that? 

    well i can only hope for the best come wednesday. 

    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    For everyone out there if you accept a settlement agreement with your tenant, the payment is to be made by money order or cashiers check only on the said date, by set time. at set place. so no error for payment. If they don't pay you don't wait you go back to court the next day. 

    2Reply
  • Shaun Patterson
    Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    The good point for the court ordered settlement agreement is that you still have the eviction pending and not closed out. If they don't pay you can pick up where you left off and get them out. 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    9y

    Listen to @Deanna McCormick. Go to the court house and seek a solution immediately. He's just toying with you to drag this out and try to make an escape.

    As Deanna said, you should never, never, never accept a personal check in this situation. It could take a week or two before you even know if the check will bounce. I would require a cashier's check for every payment.

    When I win a judgment, the court gives me the option of requiring all payments to be made through the court. If you do this, the other party can't claim the payment was made and lost. It avoids any confusion on the court's part because they'll know first-hand if a payment was made.

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    2Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    The judge gave him a 2 week extension for another hearing. 

    His lawyer said look he mailed the checks - I have copies of them!! 

    The tenant was away for work so the judge set the hearing for may 16. 

    My attorney tried to explain his excuses and how he has broken the agreement. 

    Unbelievable. 

    I see why this country has so many troubles when people like this get away with ruining other peoples lives financially. 

    0Reply
  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    @Jay P.  good to know how things work in Cook County, jeesh!! How on earth has a judge not heard "the check is in the mail" excuse!! And how can a copy of a check be proof of anything?!?! Thanks for updating! Hey, what judge was it, btw?

    1Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    This was in dupage county. Not cook county. 

     It would probably be waaaaay more difficult in Cook county. 

    0Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    Wow, not only you, but the tenant also has a lawyer? For rent court? This stuff should be simple and fast...like traffic court. Even Maryland doesn't often have landlords and tenants getting lawyers for late rent court!

    And how is this just now happening for FEB rent? Were you late to file? If you haven't already, I hope you've filed for March, April, and now May rent! Don't wait.

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    we files in Feb. This tenant is using every excuse in the book and the Judge is buying it and allowing him to continue abusing the system. 

    How can a photocopy of a check be proof he sent it? I just do not understand. 

    May 16th is the 3rd time I'm flying in. Not sure if this judge knows that it is not free to fly in like this. Especially when he has damaged my property and paid no frigging rent. 

    0Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    So, you filed in February, yet it is still going on in court?! Where do March and April stand in the court system? 

    And why do you need to fly in?? If you've hired an attorney, why do you need to be there?

    It sounds like you would truly benefit from having a property manager to handle all this for you on site. No flying. No wasted time. Less stress.

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    the plan is to sell the house. I never wanted to rent in the first place. 

    Apparantely he has mailed those checks out and I'm just not cashing them is the defense being used. 

    I need to fly in because they they want me to do a statement each time. And each time he doesn't turn up and has an excuse. 

    This is what boggles my mind that why the judge is allowing this. 

    He forced he to agree on a court order on March 31 that he would pay all the missing rent and utlilities and all the other monies I'm owed for other bills by April 15. And let people in to show the home. 

    He did none of those things and the judge is allowing this to continue and continue. 

    I'm not sure if this judge is corrupted or what the reason is as to why he allows this to continue. 

    0Reply
  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    @Jay P. So you can hire an attorney and they are still making you be there in person to give a statement?!??! What the heck?!?? Why can't it be a sworn affidavit??? Is your lawyer an experienced landlord-tenant lawyer in Cook County??

    0Reply
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