Please Help!!! My case is in the Morning!

What is the name of your state? California. I'm the defendant in a suit against my Homeowner's Assoc. I decided to go ahead and settle, since I don't want to run the risk of having a judgement against me (in Calif., it ruins your credit and I'm planning on buying a new house in the next year).

I had my attorney (who is now unavailable and out of town on vacation), draft up settlement papers. I enclosed a check for the ENTIRE amount, and had the package delivered to my HOA via a courier service.

The courier returned to my home twenty minutes later and returned my check to me. He said they the HOA refuses to accept my personal check on the grounds that they don't know if I have the funds available!!! (I've never bounced a check in my entire life -- thank you overdraft protection).

A couple of notes: The HOA had never before given me instructions that they would only accept a money order or cashier's check; I pay my HOA dues on time EVERY month, and those checks have NEVER had non-sufficient funds; and finally, here in California, most people simply call the bank (mine is local) and verify that the funds are indeed there (which my HOA obviously decided NOT to do).

My case is being heard exactly 10 hours from now, at 8:30 a.m. PDT. I've tried to settle, but the Plaintiff is refusing to accept my payment!!! What can I do now!

Thanks!

By the way, the plaintiff kept the settlement papers . . . they just didn't want my check!

WickedWahine

My response:

Simple.

First, your check is not "legal tender." Therefore, they don't have to accept your check. They don't want to take a chance on "returned check fees" - - no matter how much you protest the fact that "I've never bounced a check." They don't know that, and they don't care.

Okay, what's the fix? Head down to your nearest 7-11 and buy a "Cashier's Check" RIGHT NOW and bring that check with you to court. Make sure you include all of the Plaintiff's costs and fees, including the principle amount. Just in case you might be "short", bring some cash with you too - - and get a receipt. Cash is "legal tender."

You see, they want to take you out of the equation in this matter by making sure they get funds from you that you can't cancel; e.g., you can, in fact, place a "stop payment" on your own personal check. You can't do that with a Cashiers Check.

Even though you're supposed to be in court by 8:30 a.m., the court probably won't open it's doors until 9:00 a.m. From 9:00 a.m. to 9:30 a.m. is "Roll Call" - - the bailiff calls out the names of the parties to see if they're present. Then, when that's done, the bailiff will tell everyone to go outside into the hallway, from 9:30 a.m. to 10:00 a.m., to attempt a settlement. That's your que to hand over your cashiers check to the plaintiff. Sign the settlement agreement, and have the Plaintiff sign a "Request for Dismissal" form. Then, you all go back into the courtroom, and inform the bailiff of your settlement, and hand the bailiff your signed and dated "Request for Dismissal" form.

Now, you walk out of the courthouse, find the plaintiff's car, piss on the driver's side tire, and then go home and get some sleep.

Good luck.

IAAL

Thank you IAAL. I've got a cashier's check (7-11 is a quarter mile down the street -- great thinking!). Let's see what those turkeys do now!

By the way, I LOVE your advice at the end!

Wick

Just a side note. Having a judgment on your credit report is not necessarily a bad thing, especially if the judgment has been paid promptly.

Creditors note that unpaid judgments are signs of a deadbeat. A paid judgment shows that you pay your debts.