SouthofCenter
Junior Member
What is the name of your state (only U.S. law)? Maryland
Long story short, we had to deal with some renters that stopped paying rent and did significant damage to the house. The process of getting them out, getting the repairs done, and selling the home took a long time so in the interest of being done with the renters we went the confessed judgment route. As a part of this the former renters pay us a sum of money every month until the total is paid. The first month they didn't pay on the first day and I sent a message saying we hadn't received payment and reminding them that payment needs to be received prior to the 10th. The sent us a follow up on the 10th saying the check was mailed on the eight. We replied reminding them that the payment must be received by the 10th, not mailed by the tenth. We sent them a message allowing this ONE TIME late payment under the condition it was post dated on or before the 10th.
This month I sent the same notice on the second because payment wasn't received on the first. They responded by saying that the letters "constituted harassment" and that they no longer wanted to receive communication. I have tried to do some research and I have found some conflicting information. Basically my understanding is that once communication has begun in an attempt to collect debt, we have to honor their right to request that we no longer correspond. I have also found that because they are a part of an established payment plan that each month is a new instance of collection. I know in MD you need to notify a debtor of a debt prior to attempting to use the legal system to collect it. My issue is, in the past they have used the "we didn't know the payment wasn't received" defense for not paying rent and upon action paid the rent.
My question is, should I continue to send these messages on the prescribed deadline days for record and documentation purposes, or should I stop them because they have requested that I do? I don't want to cross a line to harassment, but I also don't want them to skate by again without paying, or end up costing me significantly more in legal fighting. It is also for them, if in fact they did send a check, it notifies them that I haven't received it before they get the letter stating that we are exercising the judgment, which I would think they would want.
Long story short, we had to deal with some renters that stopped paying rent and did significant damage to the house. The process of getting them out, getting the repairs done, and selling the home took a long time so in the interest of being done with the renters we went the confessed judgment route. As a part of this the former renters pay us a sum of money every month until the total is paid. The first month they didn't pay on the first day and I sent a message saying we hadn't received payment and reminding them that payment needs to be received prior to the 10th. The sent us a follow up on the 10th saying the check was mailed on the eight. We replied reminding them that the payment must be received by the 10th, not mailed by the tenth. We sent them a message allowing this ONE TIME late payment under the condition it was post dated on or before the 10th.
This month I sent the same notice on the second because payment wasn't received on the first. They responded by saying that the letters "constituted harassment" and that they no longer wanted to receive communication. I have tried to do some research and I have found some conflicting information. Basically my understanding is that once communication has begun in an attempt to collect debt, we have to honor their right to request that we no longer correspond. I have also found that because they are a part of an established payment plan that each month is a new instance of collection. I know in MD you need to notify a debtor of a debt prior to attempting to use the legal system to collect it. My issue is, in the past they have used the "we didn't know the payment wasn't received" defense for not paying rent and upon action paid the rent.
My question is, should I continue to send these messages on the prescribed deadline days for record and documentation purposes, or should I stop them because they have requested that I do? I don't want to cross a line to harassment, but I also don't want them to skate by again without paying, or end up costing me significantly more in legal fighting. It is also for them, if in fact they did send a check, it notifies them that I haven't received it before they get the letter stating that we are exercising the judgment, which I would think they would want.
