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 Replies: 49 / Views: 6,040 |
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Pillar of the Community
United States
1080 Posts |
ooh - nod is onto something there... I especially like drdave's idea of mixing in foreign coins -- at the appropriate exchange rate, of course! :)
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New Member
 United States
10 Posts |
Great ideas! I just wonder if he could refuse the payment if I deliver in such a manner? I would think a judge would rule that what I gave him is tasteless but legal tender.
Would it be worth it to have a second, more aggressive attorney review my case?
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Valued Member
United States
163 Posts |
Great ideas! I just wonder if he could refuse the payment if I deliver in such a manner? I would think a judge would rule that what I gave him is tasteless but legal tender.
Would it be worth it to have a second, more aggressive attorney review my case?I have heard of cases where pennies have been refused and the payer cited/jailed (for @ 1000 bucks worth). It seems to be happening more often these days as businesses get wise to these stunts. The reasoning is that only the gov is required to accept legal tender. I'm no lawyer so I don't know how that would hold up but its something to think about and/or get expert advice on. UPDATE http://boards.straightdope.com/sdmb...t-23642.htmlhttp://answers.yahoo.com/question/i...14530AAv8ILlThis thread and the linked articles has some discussion on the topic.
Edited by jarwulf
06/17/2011 2:03 pm
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Bedrock of the Community
United States
17884 Posts |
There is no law that says he has to accept legal tender so he could refuse the cents and require a different form of payment. It doesn't discharge the debt, but since it IS a legal attempt at payment he can't claim that you didn't try to make the payment so it would stop any interest or penalties while you take your own sweet time in making payment in another form.
I don't think I would do it in cents though. You'll need a forklift and a semi-truck to deliver them. You are talking 15 tons of cents. Even if you go the quarters route your still going to need a forklift and a good step van because it would be over a ton of quarters.
Edited by Conder101
06/17/2011 2:11 pm
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Pillar of the Community
United States
4897 Posts |
Not worth all the effort IMHO..either pay the debt or hire an attorney to dispute it...I would think, my opinion, that this could be construed as intent to harass.
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Valued Member
United States
77 Posts |
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Pillar of the Community
United States
931 Posts |
What were the changes he had to make?
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Pillar of the Community
United States
4778 Posts |
I agree with amida. The tons-of-coins thing sounds like way too much effort to settle a dispute with.
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Pillar of the Community
United States
4541 Posts |
i can get you 5.4 million lincolns in copper or zinc. but you would have to cover shipping and possibly through in a little fee
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New Member
United States
10 Posts |
Well, at this point it might just be more trouble for me if he refused to accept it. I'd have spent all that money on shipping and still have to haul them to the bank to be counted, for which I am sure there will be a charge.
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Valued Member
United States
277 Posts |
Get a bunch of dollar bills and get them soaking wet, while they are still wet put them in stacks of 100 and roll them with rubber bands. Wait for them to dry and then take them as payment. When he tries to unroll the money to count it or turn it in they bills will rip, tear and just be a pain in the butt to take apart. It is alittle deranged but my father in law used to do it to pay his taxes (until they forced him to stop or he would be fined, he did get away with for a good 5 years though, so your one time should go unnoticed)
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Valued Member
United States
247 Posts |
Quote:
Get a bunch of dollar bills and get them soaking wet, while they are still wet put them in stacks of 100 and roll them with rubber bands  |
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Valued Member
United States
296 Posts |
Hmmm, As someone who has been on both sides of the construction and real estate businesses, and knowing that EVERY story, like coins, have two sides. I definitely need to hear the whole story...
So far you have claimed of being "tricked", and you have admitted to being late on payments (delinquent borrower).
"I actually owe $30K, the rest was for unapproved change orders but he tricked me into signing something so I can't dispute them. My fault, but I'd like to get 'em somehow legally."
"...but I'd like to get 'em somehow legally." - Seriously?
"We were late making the final lump payment and signed a mortgage for the amount so he wouldn't foreclose on the lien (which I was later told he wouldn't even be able to do). Towards the end of the mortgage we used an attorney to negotiate the amount because of the contested change orders but were advised by our attorney we wouldn't be able to fight the change orders since we already 'legitimized' them by signing the mortgage for the full amount. Long, aggravating story to say the least. Still doesn't add up to me".
Don't you pay attention to what you're signing? Especially when life savings amounts of money are involved... If you are so easily "tricked", maybe you should have gotten the lawyer to review the paperwork BEFORE you started signing contracts... Just sayin...
Being "tricked" is almost always the cry of someone who didn't think things through and made a rash knee jerk decision. Or is just having buyers remorse.
You don't have the money to make a contractually agreed payment, but you have the money to spend on lawyers, and to go WAY out of your way to buy pennies in mass bulk to make payment. That will not look favorable to a judge.
I'm sorry, but my first impression is that you are using this "being tricked" excuse as a means to get out of you contractual obligation of making payment.
I will need to hear BOTH sides of this one if you want to change my mind...
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New Member
United States
10 Posts |
I did have an attorney review the mortgage before we signed it. That attorney said we should set up payment arrangements to avoid any other problems, pay him first, and later sue him to get the money back. We made our payments for 12 months with a balloon being due later. When it came time for the balloon we wanted to negotiate a settlement for the change orders rather than suing him and were willing to split half of them. He refused and hired an attorney first to threaten foreclosure on a property in which we have significant equity, we consulted an attorney who said we signed away any disputes to the amount when we signed the mortgage (contrary to what the other attorney had told us).
Again, the change orders he submitted to me came one month after the project was complete and only after we missed our final payment for the work. At that point in time we asked him to set up payment arrangements and he replied he wasn't a bank and would not accept any payment arrangement. In the email he sent to me with all the change orders (one month after the project was complete) he said, "since I never heard back from you on the change orders I assumed you approved all of them". He even admitted in his email that I never approved them!
However, I am now being advised that I have no remedies because I singed the mortgage for the full amount and should have fought him at that point in time. (we signed the mortgage because it was one year after the project was done and he was going to enforce his lien if we didn't, although he refused a payment plan one month after the project he later required one through the mortgage 12 months later, all part of his plan?). We tried to negotiate the change orders with him at that point in time but he said the amount is not up for negotiation and we must sign or he will foreclose with the lien (again, our contract attorney said to just sign it now and fight later).
Was I advised incorrectly by my attorney? What can I do about that?
Edited by isaacbro
06/18/2011 2:16 pm
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New Member
United States
42 Posts |
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Replies: 49 / Views: 6,040 |
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Posted 06/17/2011 1:02 pm
