stop payment check

[tranquility]

http://www.lrcvaw.org/laws/delongarm.pdf

 

[latigo]

To make it clear (?), the landlord made me sign a letter saying I agree to release my roomate from our lease. The landlord, my roomate and myself all signed on it. My roomate is completely off the lease from the landlord`s perspective the moment I signed that letter.

What the landlord does not get involved, is my roomate agreed to pay me for 3 additional months for me to sign on the letter. Otherwise he will still be responsible for his half of the rent for the remaining 7 months. Now for this agreement, I have nothing in writing to prove, other than the check.

Also why should the check be written to the landlord? In that case the check needs to be for all the remaining 7 months, not just the $1300.

Back to my first question, in this case, does Delaware’s long arm statue apply and have personal jurisdiction over him?

Thank you!

Is there some significant reason why it took you six posts to “MAKE IT CLEAR”? Even though it isn’t “clear” because you are talking in circles with this meaningless garble:

. . . (to pay me for 3 months rent) . . .Otherwise he will still be responsible for his half of the rent for the remaining 7 months.

Which “clearly” gives the guy the option of either paying you $1300 or “still (remain) responsible for the remaining rent”!

A centipede wouldn’t have a leg to stand on in court with this pitiful evidence of contract.

And if you wish to know about Delaware’s Long Arm Statute, you can read it at Section 3104 of the Delaware Code.

But since you don’t have proof that the guy unequivocally committed to pay you the $1300, it ain’t going to do give no Delaware court persona jurisdiction over your nonresident defendant!

End of story.

 

[silentrock]

Is there some significant reason why it took you six posts to �MAKE IT CLEAR�? Even though it isn�t �clear� because you are talking in circles with this meaningless garble:



Which �clearly� gives the guy the option of either paying you $1300 or �still (remain) responsible for the remaining rent�!

A centipede wouldn�t have a leg to stand on in court with this pitiful evidence of contract.

And if you wish to know about Delaware�s Long Arm Statute, you can read it at Section 3104 of the Delaware Code.

But since you don�t have proof that the guy unequivocally committed to pay you the $1300, it ain�t going to do give no Delaware court persona jurisdiction over your nonresident defendant!

End of story.

I am talking in circles because you did not understand what I posted and kept saying our agreement is meaningless and he is still responsible for the rent
I am on this forum to seek advice, not trying to argue with anyone on anything

now back to the topic
I know in this case I do not have strong evidence that our oral agreement in fact exist
But he did commit to pay me: he writes me the check.
Shouldn't `t the burden to prove that the check writer did have a good faith dispute over the check amount on him, instead of on me?

 

[tranquility]

I am talking in circles because you did not understand what I posted and kept saying our agreement is meaningless and he is still responsible for the rent
I am on this forum to seek advice, not trying to argue with anyone on anything

now back to the topic
I know in this case I do not have strong evidence that our oral agreement in fact exist
But he did commit to pay me: he writes me the check.
Shouldn't `t the burden to prove that the check writer did have a good faith dispute over the check amount on him, instead of on me?

The burden is always on the plaintiff. There is no presumption the check is good.

Even if you had strong evidence your oral agreement existed, you would lose. A lease of and concerns the land--putting it in the statute of frauds. This requires a writing signed by the party to be charged. You have to allege a written contract based on the totality of the writings.

 

[Zigner]

A lease of and concerns the land--putting it in the statute of frauds. This requires a writing signed by the party to be charged.

Just a question on this...all states specifically allow for non-rented leases (rental agreements). Of course, they are limited in what can be claimed (ie: generally can't be for a specific length of time.) How does this fall in with your statement above?

 

[tranquility]

Just a question on this...all states specifically allow for non-rented leases (rental agreements). Of course, they are limited in what can be claimed (ie: generally can't be for a specific length of time.) How does this fall in with your statement above?

I have no idea. What are you talking about?

§ 2714. Necessity of writing for contracts; definition of writing; evidence.

(a) No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or to charge any person to answer for the debt, default, or miscarriage, of another, in any sum of the value of $25 and upwards, unless the contract is reduced to writing, or some memorandum, or notes thereof, are signed by the party to be charged therewith, or some other person thereunto by the party lawfully authorized in writing; except for goods, wares and merchandise, sold and delivered, money loaned and other matters which are properly chargeable in an account, in which case the oath or affirmation of the plaintiff, together with a record regularly and fairly kept, shall be allowed to be given in evidence in order to charge the defendant with the sums therein contained.

(b) A contract, promise, undertaking or commitment to loan money or to grant or extend credit, or any modification thereof, in an amount greater than $100,000, not primarily for personal, family, or household purposes, made by a person engaged in the business of lending or arranging for the lending of money or the extending of credit shall be invalid unless it or some note or memorandum thereof is in writing and subscribed by the party to be charged or by the party's agent. For purposes of this section, a contract, promise, undertaking or commitment to loan money secured solely by residential property consisting of 1 to 4 dwelling units shall be deemed to be for personal, family or household purposes.

(c) For the purposes of this section, "writing" includes microphotography, photography and photostating, and a microphotographic, photographic or photostatic copy of any agreement covered by this section. Such copy or copies having been regularly made and kept in the course of business, shall be equally competent as evidence as the original of such agreement, where the original is inaccessible or has been destroyed or otherwise disposed of in good faith in the regular course of business and where the mode of making such microphotograph, photograph or photostat was such as to justify its admission as a true copy of the original.

Code 1852, § 1167; 13 Del. Laws, c. 451; Code 1915, § 2626; 38 Del. Laws, c. 157; Code 1935, § 3106; 48 Del. Laws, c. 224, § 1; 6 Del. C. 1953, § 2714; 67 Del. Laws, c. 189, §§ 1-3; 70 Del. Laws, c. 186, § 1.;

Note the section on "leases" in the code has to do with goods. (§ 2A-201. Statute of frauds.)