Payment of a Judgement, Help!!!

[Dylan]

I was taken to small claims court by me ex-landlord over damages to the property I had inhabited. I run a property management business and feel that I have a good knowledge of what constitutes normal wear and tear on a property, and this was definitely normal wear and tear (painting, etc.). Somehow, small claims found for the plaintiff for the maximum $2400.

I am in the process of appealing the judgement to district court, but the plaintiff has already started garnishment proceedings, as it is his right to, as I didn't put up the supersedeous bond. I have decided to just pay the "man" cash so that these proceedings do not harm my accounts or place of business. I believe he will accept my offer of cash, as my true assetts are untouchable to the garnishment proceedings, and it would take him months to collect the full amount by that method.

**MY QUESTION IS**

Can I legally pay the plaintiff with $2450 in nickels? An employe of mine believes there is a law against paying in pennies, but is not sure about nickels. With a total weight of approximately 533 pounds, it is transportable, and my thoughts are that as it is legal tender, it is valid for all debts public and private.

I would greatly appreciate an answer!!!

Thank you!!!

Dylan in Omaha

 

[I AM ALWAYS LIABLE]

My response:

Sure, you can do that.

The problem for you would be proving that you did, in fact, pay in this manner, or at all.

If I were the Plaintiff, I'd accept your nickles, but I definately wouldn't sign anything that I had received them.

Good luck to you.

IAAL

 

[Dylan]

Thank you for your reply.

Your response is very much in line with my concerns in the matter. I have planned to have an agreement typed up before our meeting, that basically says that I agree to pay the plaintiff the full amount, and to forego my appeal, if he will immediately upon delivery of the funds agree to sign a Garnishment Release form, and pursue the matter no further. I will present this first and ask that he sign it, as I believe he will.

I will then take him outside to see his big shiny payment. I will be taking pictures with a polaroid. I may also procure a digital video camera for the occasion.

My concerns are as follows:

He may not at that point agree to sign the Garnishment Release despite our agreement. I will attempt to persuade him to do so, by telling him that it is only shot at getting the funds immediately to avoid a months long garnishment process.

If he still doesn't agree to sign:

Can I go to the court/judge that issued the Garnishment and show proof (pictures, video and a witness) that I delivered the amount to the plaintiff, and get the Garnishment removed without the plaintiff's signature?

Does it make a difference if I deliver the coinage to his dental office, or to his home?

Thank you again!!!

 

[I AM ALWAYS LIABLE]

My response:

Please.

I'm discontinuing any "assistance" for you in this "TomFoolery".

Do what you want, and however you want.

IAAL

 

[Dylan]

I'm asking valid legal quesitons. If you don't know the answers, don't be afraid to say so.

 

[LegalBeagle]

I'm asking valid legal quesitons. If you don't know the answers, don't be afraid to say so.

haha! Too funny..

 

[DRUSS1964]

If I were you I would pay in quarters
you will feel real foolish when he makes you count it in front of him nickle bye nickle then ieven more foolish when he continues with the garnishment proceedings becuase you were 2 nickles short

 

[Dylan]

No need to count, my good man. The nickels are packaged straight from the bank. $2 a roll, 50 rolls per box, 24 full boxes and 1 half box (at approximately 22 lb's per box). I am also abandoning my original plan to soak the cardboard boxes upon delivery, and will instead stack the boxes neatly in his driveway.

Call me immature or vengeful if you like, but like a bumper sticker I saw once said...

Never Trust a Tweaker

Dylan

 

[DRUSS1964]

do not get me wrong I like your idea and understand it but if it was me and I did not see it counted ,rolled and boxed at the bank I would not except your word that it was all there and make you count it
just as you would most likely be in your legal right to pay in such a manner he would be in his legal right to have you count it out and see every nickle to confirm all are nickles and not one slug in any of the rolls he does not have to except your word all of the money is there without an accurate count

 

[Dylan]

I appreciate your replies, even you 'I AM ALWAYS ANAL'. I delivered the 49,000 nickels on Saturday without a hitch. I had the plaintiff sign the Satisfaction of Judgement form, and an agreement which I typed up, before I payed him. We then deposited 535 pounds of nickels in his yard. Plaintiff took it surprisingly well, and I Think I'm going to send him a nice letter saying so, and offering to help him with any contracting work my business can offer him.

Adieu!!

Dylan