WickedWahine_01
Member
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
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