Questions about Payment Technicalities

[gryndor]

What is the name of your state? California

Ok, So I'm still dealing with this moron:
https://forum.freeadvice.com/showthread.php?t=166189

He has until the 31st of this month to get me a payment of $750.

Now, he just sent me an email saying that he gets paid on the 30th and will send payment out asap, and if the post office gets to me after the deadline then it's just too f*ing bad for me...

So what are the parameters that he needs to follow when sending a payment?

Does it need to be:

Postmarked on or before the 31st?

Received on or before the 31st?

He's trying to hold off as long as humanly possible... are there any rules of conduct that he must follow when sending off this payment?

Thanks,
Gryn

 

[racer72]

The general rule is for the payment to be in possession of the creditor on the due date. The IRS is the only folks that use postmarks.

 

[gryndor]

So....

The general rule is for the payment to be in possession of the creditor on the due date. The IRS is the only folks that use postmarks.

So, if his check isn't in my hand at the end of the day on the 31st, he'll be in default? Will a judge care about this? Or would s/he let it slide?

Thanks,
Gryn

 

[JETX]

He has until the 31st of this month to get me a payment of $750.

Is it more important that you get the money or that it be by a specific day?? When you get the money, be glad you got it and don't worry about counting flippin' days!!! Jeeze!!!

 

[gryndor]

Is it more important that you get the money or that it be by a specific day?? When you get the money, be glad you got it and don't worry about counting flippin' days!!! Jeeze!!!

Usually the above would be my reaction, but in this case there is a substantial penalty if he is late. He's jerking me around on purpose and trying to piss me off in any available way. "I'm going to be late, and there's nothing you can do about it" *sticks out tongue*. This is his newest "baby."

I understand your point Jetx, and usually this doesn't matter, but it does in this situation.

My previously posted question still stands. If someone, Jetx included, can take the time to answer, I'd appreciate it.

Thanks,
Gryn

 

[JETX]

Okay, then lets play '100 questions'....

1) What is this $750 payment for?? You make reference to some possible claim against an ex, but don't really indicate how this payment links to that claim.
2) What is 'forcing' this payment to be made on a specific date?? Is this part of an agreed payment plan on the $4300 claim???
3) If so, then what 'penalties' are set by the agreement??
4) Does the agreement stipulate what consistitutes 'payment' (in your hands, in the mail, at the bank, cleared the account, etc.)?
5) If nothing is stated as to SPECIFICALLY define the payment conditions... then either party can claim any of the above (see #4) and the other would have to get a court ruling as to which is correct.... if either.

 

[gryndor]

Okay, then lets play '100 questions'....

1) What is this $750 payment for?? You make reference to some possible claim against an ex, but don't really indicate how this payment links to that claim.
2) What is 'forcing' this payment to be made on a specific date?? Is this part of an agreed payment plan on the $4300 claim???
3) If so, then what 'penalties' are set by the agreement??
4) Does the agreement stipulate what consistitutes 'payment' (in your hands, in the mail, at the bank, cleared the account, etc.)?
5) If nothing is stated as to SPECIFICALLY define the payment conditions... then either party can claim any of the above (see #4) and the other would have to get a court ruling as to which is correct.... if either.

I loaned my now-ex $4300+ for a new engine in his truck. After filing in small claims court for this amount, he called me up to settle. We drew up a settlement agreement that said he was to make payment to me in the amount of $1600 ($300 value of engagement ring, and $1300 cash) on or before the 31st of Aug 2004. This was signed by the both of us on Jan 5, 2004.

The agreement also says, that if payment has not been made on or before the 31st of Aug, that he agrees that I can go back to small claims and sue for the original amount of $4300+ minus anything he had actually paid.

So far he has given me the ring and $550. His last payment was in, like, April... He's jerking me around, and being an a$$h0le has it's concequences. I understand that that is my opinion, and not necessarily related to any law.

I think that answers everything, Sorry to irritate.

Gryn

 

[JETX]

I think that answers everything, Sorry to irritate.

Yep, it answers everything... including your available options that you can take if you don't have payment before Sept 1.

 

[gryndor]

Yep, it answers everything... including your available options that you can take if you don't have payment before Sept 1.

Thanks for being so consise...

 

[john123456]

gryndor:

If you don't receive payment by September 1, why not file suit against your ex. Isn't that what your written agreement says?

 

[JETX]

If you don't receive payment by September 1, why not file suit against your ex. Isn't that what your written agreement says?

Yep, that is the recourse as provided by the agreement... as noted in my 'concise' response.