TX Law - Was sued now paying question

[roughneck82]

What is the name of your state?Texas

I was sued by an ex-friend after he and I got into a fight and he had approx $1100 in hospital bills. He broke my car window after the fight. He then sued me in a Justice of the Peace court setting (if that matters). He won the case so I owed him $900 + 67 in court fees. We settled for me to pay $200 a month

I made my first two monthly payments well before the due date. After the first payment he tried to say it was late which I knew it wasn't due to checking my bank statement online and seeing when it was withdrew from my account. The 2nd payment he tried to say he never received it. So since my bank puts pictures of my checks online for my viewing I showed him that. I had been sending the checks through regular standard mail.

So the next check was sent on Dec 13 close to 2 weeks before the due date on the 25th. I sent it certified mail which required a signature. Since he lives in apt complex, they left him a notice in his mailbox to come to post office to pick up the letter and sign for it.

He refused to pick it up saying it didn't fit in his schedule.

He has since threatened to file motion in court to keep me from getting credit(can't remember name for it) in the future.

Is it possible for him to do such since he won't pick up the checks in the mail?
I am keeping all things from the post office regarding me sending the money, including the returned envelope I sent on Dec 13 with the check inside. I am keeping it closed.

 

[poser meow]

Did you sign anything after the trial saying that you would pay him $200 per month? If so, did you leave it with the clerk? After the case is settled, it's up to you to tell the clerk how you are going to pay the plaintiff.
Since this guy is being a total jerk, why don't you go back to the clerk and ask them if you can send the money to the court and then they would forward it to your ex-friend. This way you won't have to bother with him. I know this is possible, even if I don't have all the lingo correct.
Good luck!

 

[roughneck82]

Did you sign anything after the trial saying that you would pay him $200 per month? If so, did you leave it with the clerk? After the case is settled, it's up to you to tell the clerk how you are going to pay the plaintiff.
Since this guy is being a total jerk, why don't you go back to the clerk and ask them if you can send the money to the court and then they would forward it to your ex-friend. This way you won't have to bother with him. I know this is possible, even if I don't have all the lingo correct.
Good luck!

Yes it was agreed that I would mail the payments to him. I asked the clerk what to do and he said to continue to do it. If he doesn't want to get the payments that's his problem

 

[roughneck82]

ANyone else have some advice on this?

 

[JETX]

ANyone else have some advice on this?

Yep. Based on your post, the judgment is about $1000 in full (plus accruing interest).
You have already paid two $200 payments, with a third not accepted. So, you still owe $600.00.

Put the $200.00 per month aside EACH month until you have the full $600.00 remaining outstanding. Then, send him ONE payment for the full amount by certified letter.
Keep copies of all documents.

Or if you would rather, you can simply make your payment to the court. The following is from the Texas Government Code:
§ 28.055. JUDGMENT NOT CLAIMED BY PLAINTIFF.
(a) If a defendant has not paid a judgment in favor of the plaintiff and the plaintiff's whereabouts are unknown, the defendant shall use due diligence to locate the plaintiff. The defendant must send a letter by registered or certified mail, return receipt requested, to the plaintiff's last known address and to the address appearing in the plaintiff's statement of his claim or other court record.
(b) If the plaintiff is not located after the use of due diligence, the defendant may pay to the court the amount owed under the judgment. The judge shall immediately execute a release of the judgment on behalf of the plaintiff and deliver the release to the defendant.
(c) The amount paid to the court is held in trust for the plaintiff, and at least once a month the court shall pay those trust funds to the county clerk. The clerk shall deposit the trust funds in the county clerk's trust fund account in the county treasury.
The funds shall be deposited, and may be withdrawn, in the same manner as trust funds deposited in district or county court to abide the result of a legal proceeding.

 

[roughneck82]

Thanks a bunch.
I just got the $200 check back that he didn't pickup and I've kept that sealed in the envelope and am due to send next $200